LHA - payments/frequency/levels HELP!

MrsA1939

We get ours paid monthly in arrears

alexiawest

hippy-chicy wrote: »

From what you have put there it looks like you have been awarded the SDP, so should have been awarded the one room rate. I am just going to have another look to see what the guidance says.

To be awarded the SDP you need to be in receipt of med/ high rate DLA, live on your own and no one can be n receipt of carers allowance for looking after you. It looks like you meet these criteria.

I am in reciept of med rate dla , I do live alone and no-one gets carers allowance for me.

Someone said to me that they think you only get this if you are on high rate dla.

I cant find anything other than the info on the lha website which says that you get 1 bed if under 25 and have severe disability but it does not specify what classes as severe disability.

I guess I will have to ask for a full statement of reasons and ask them to look at the claim again?

alexiawest

I have written and asked for a statement of reasons for my award and I have said that I think there is a mistake with my award.

Does anyone know where I might be able to find some clear information about who is entitled to sdp and how it effects under 25s?

Thanks

PhlangePhace

alexiawest wrote: »

Hi

To make it clearer regarding the severe disability, this is my situation....

.....
Income support - this is an income top up of £21.90 per week as I live alone+ no-one gets carers allowance for me so I qualify for the disability premiums.
.....

In working out your weekly benefit we have used the following information

financial details
your weekly earned income 0.00
partners earned income £0.00
any other income £164.85
assumed income from £243 capital 0.00
total weekly income £164.85
disregarded income £62.60
less expenses £0.00

Income used in calculation £102.25
....
Your benefit award is based on a local housing allowance of £57.69.
The size criteria used is 1 bedroom shared.

If Income Support is in payment then the HB claim should be 'passported' so no 'income used in calculation' should apply....you should automatically get full entitlement.

But your income is less than your applicable amount so that's academic....

And as SDP has been applied then the size criteria should be 1 bed rate, not shared rate.

alexiawest

Im not sure if the reason it gives me income rather than it juswt being passported is because when I initially put the claim in I was not on income support? I had put in an income support claim but it had not yet been awarded. I was asked for more bank statements and the same day I recieved the letter asking I also recieved my income support award letter, so I enclosed that along with a change of circumstances form to say I was now on income support. Maybe they did not take that into account?

Does the 1 self contained rate only apply if you are actually living in that type of property? Perhaps they have not given it because I am actually living in shared accomodation?

PhlangePhace

alexiawest wrote: »

......

Does anyone know where I might be able to find some clear information about who is entitled to sdp and how it effects under 25s?

Thanks

Your local authority already see that SDP applies as their notice states....

"Applicable amount

single person allowance under 25 £47.95
Disability premium ( single ) £25.85
severe disability premium ( single ) £50.35"

As hippy-chicy stated earlier....To be awarded the SDP you need to be in receipt of med/ high rate DLA, live on your own and no one can be in receipt of carers allowance for looking after you.

Edit:- Reading your post above....you might be right actually.....shared room rate applied because the accomodation IS shared.....unfortunately I can't find a clear-cut answer so hopefully someone else might confirm the regs.

hippy-chicy

It is possible that they could have overlooked this, with the system we use it will automatically look at the claimants age and award the shared room rate. If the SDP was applicable we would have to manually overide this.

I agree with the above, just tell them straight that you belive that you should be entitled to the one bed rate for the reasons stated in this post,

Good luck with it and let us know how you get on.

alexiawest

Well I have written to the council ( I always write now and get proof of posting as things got lost in my previous claim a few years ago ) so I am waiting for a reply on that, in the meantime I decided to contact the LHA people here is the reply I recieved ....

Good Afternoon

The local authorities are responsible for administering housing benefits to their residents. The Housing Benefit regulations are provided for the local authority to process and administer housing benefit to their residents. It is the local authority who must decide how they determine these regulations. In the example that you have given, it would be for the local authority who is dealing with the claim for housing benefit to determine what constitutes severely disabled and as such, what type of property the claimant would be entitled to.

I apologise for not being able to assist you further with your query but trust you understand that The Rent Service can only advise on issues that are under the control and remit of this particular agency.

I can only suggest that you contact the housing benefit department of your local council to discuss this issue further.


So it looks like the council can decide for themselves what would entitle me to the self contained rate due to severe disability. And it seems in the case of my council, this is to be on high rate dla where as for most councils it is med or high - quite unfair really, the rules should be the same for all councils.

In addition some weeks ago I also e-mailed the council this was before I actually moved in and made a claim, so was about 7 weeks ago and I only recieved a reply 2 days ago!

I wrote this ....

Dear Norwich City Council LHA Team

I am writing because I am currently looking for accomodation and as I claim benefits, I need to make sure that my LHA will cover my rent before I comit to moving into a new home.

I recieve incapacity benfit ( for over 52weeks ) at £102.25 per week
I recieve low rate mobility componant of disability living allowance and middle rate of disability living allowance for care.
I also recieve £21.90 per week income support.

I am aged under 25 years old, so according to the LHA website, I would only be entitled to the shared housing rate of LHA, however a few people on a benefits forum have indicated that because I am disabled and recieve middle rate DLA care, despite being under 25, I am entitled to the self contained 1 bedroom rate of LHA.

I would be grateful if you could advise me what my level would be please as this will impact the type of accomodation I take up, if my LHA level is for shared that is what I will have to look for, though if I am entitled to the self contained 1 bedroom level, then I would like to find a flat to live in, but I can not comit to any type of accomodation without knowing what I am allowed.

Many Thanks


They replied saying this....

Unfortunately the people on the forum were a little mis-informed. If you were receiving the severe rate of DLA you could get the 1 bed rate but as you are not then it would be the shared accommodation rate.

SXXX WXXXX
Senior Benefits Officer, Financial Services
Norwich City Council


As you can see, this was from a senior benefits officer, so now I am even more confused because he says it is ony if you get severe dla, which he says is not the case for those of med rate but the award I have been given has given me severe disability premium

PhlangePhace

alexiawest wrote: »

They replied saying this....

Unfortunately the people on the forum were a little mis-informed. If you were receiving the severe rate of DLA you could get the 1 bed rate but as you are not then it would be the shared accommodation rate.

SXXX WXXXX
Senior Benefits Officer, Financial Services
Norwich City Council


As you can see, this was from a senior benefits officer, so now I am even more confused because he says it is ony if you get severe dla, which he says is not the case for those of med rate but the award I have been given has given me severe disability premium

Indeed I think HE may be the misinformed one.

As you rightly pointed out, the council themselves have identified you qualify for the SDP.

DWP have identified you qualify for SDP (hence you getting the Income Support topup on your Incap Benefit)

DLA Care at middle rate is the trigger here.

However, If I get chance Monday, I'll double check with my Policy Dept to clarify the One-room rate for under 25s who qualify for SDP when in shared accomodation and check it isn't just a local rule for our Council.

Referring back to your post #13 you said;

I cant find anything other than the info on the lha website which says that you get 1 bed if under 25 and have severe disability but it does not specify what classes as severe disability.

You are certainly classed as having a 'severe disability' when in receipt of DLA care at middle rate.

fluffymovie

Just a point, there is no Severe Rate of DLA. If they can't even use the correct terms what hope is there!!!!