In regard to LHA if there are joint tenants both claiming LHA are the council correct in assessing them both separately under single room rent? Instead of dividing the rent in 2 as would have been done under the old Housing Benefit system.


The tenants are brother and sister renting a 2 bed flat.

LA approach is correct, they would each get HB based on the one bedroom self contained rate for LHA. I'd send you the link to the LHA Guidance Manual but mine doesn't work any more. Anybody got a better one?

Here's a link to the LHA Guidance manual -

http://www.dwp.gov.uk/housingbenefit/claims-processing/lha/guidance.asp

Links to this and other DWP and Revenue guidance are available in the toolkit area of rightsnet.

I have a client (50+) on HB who is considering a break and change to LHA. She is a joint tenant responsible for half the rent. She has been told by the LA that if she goes onto LHA it will be at the shared room rate. This seems to agree with the guidance (para. 2.25) but Brian's post above says it would be the single bed sole occupancy rate (which is a lot higher).

Can anyone say which is correct please?

Brian is right to say that the LA referred to in the original query was correct, but he seems to be mistaken in what he says in the rest of his post. So, yes, your LA is also correct in saying that it would be the shared rate. The only possible exception to this is if your client has exclusive use of two or more rooms.

While this discussion is proceeding can anyone confirm if the opinion I gave yesterday is correct:

Two single females with learnings difficultes both currently in different care homes. Planning to move together into independent, privately rented accommodation, as joint tenants, and with support. One is on DLA MRCC, one on DLA LRCC (both LRMC, neither challengable).

I think LHA rate will be single room rate for the one on MRCC (who will qualify for SDP), shared room rate for the other one. This gives well over 2 bedroom rate here which is good news.

Correct?

Richard Atkinson

Just to be clear, what do you mean by the term "single room rate", as no such term exists in the LHA scheme?

Sorry, my mistake. I knew what I meant because I have recently had a similar case but it came out wrong in my usual haste. They would each get the shared rate of LHA. Incidentally, I believe with joint tenants the exception under which people under 25 who are care leavers, or who get the SDP in their applicable amount, get the single room self contained rate does not apply. Can anybody confirm please?

Sorry too - meant one bedroom self contained rate

Richard Atkinson