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Pension Age HB and Shared Accommodation Rate
There are a few other posts on here that confirm my understanding that a pensioner living in shared accommodation can get the 1-bed LHA if they receive AA.
My client has AA and the SDP is being paid with his PC. His HB is only being paid at the shared accommodation rate.
The reason that I’m doubting myself is because the Shelter/CIH “help with Housing Costs 2024/25” book seems to say something different in table 12.2 (page 121).
The table in the book only lists single people UNDER 35 as being in an HB excepted group. It suggests that for single people over 35, the excepted groups don’t apply.
Maybe I’ve misunderstood this table (or maybe it’s not correct), and I’m finding reg 13D(2) HB (SPC) a little hard to follow.
Can anyone confirm whether I’m correct about this and whether the table in the book is wrong?
Thanks
It’s definitely the 1B s/c rate.
para (2)(b) says you get the 1B rate if you have two rooms or one room + K + B
para (2)(a) says you get the shared rate if you don’t satisfy (2)(b) because you don’t have 2R or 1R + K + B, unless you have an SDP
So what if you do have an SDP? Then para (2)(a) does not apply ... neither does (2)(b) because you don’t have the s/c rooms it refers to. So what LHA do you have? Well, I think we drop through to para (2)(c) and the size criteria in para (3), and you end up with 1B s/c. I have heard people argue that you could still be entitled to the shared rate in accordance with para (3) but I don’t think that is correct ... it would deprive (2)(a)(i) of any purpose
Thanks for talking me through the regulation - now that I understand this, it will be very helpful if I need to further appeal the decision. Currently, a review request is with the LA, so hopefully they will change to the 1-bed LHA
Thank you !
para (2)(b) says you get the 1B rate if you have two rooms or one room + K + B
para (2)(a) says you get the shared rate if you don’t satisfy (2)(b) because you don’t have 2R or 1R + K + B, unless you have an SDP
I just don’t like the “or” at the end of (2)(a)(i). :(
Clearly the intention is as you say though…