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Questions RE: Local Housing Allowance (Birmingham)

x-Princess-Vikki-x
x-Princess-Vikki-x Posts: 1,005 Forumite
edited 11 June 2010 at 11:26AM in Benefits & tax credits
Hi,

I am in full time education, partner was unemployed and on contributions based JSA.
We live(d) in a shared facilities 1 bed flat (Owned by my university).
This is a double room flat for double occupancy.

I used my student loans to pay off my half of the rent.
My partner went to the Neighbourhood Office to try and claim LHA so he could pay his half (hes not a student).
They put all the details into their little computer and it came back 'no' basically.
We asked why and she didnt seem too sure why we wernt entitled.
She said maybe something to do with my student loan.
However my loan is less than £3000 for the year, which goes straight on rent. So I'm not rich or anything!

But she sent all the info off anyway to see if someone else could confirm it.
Anyway after a lot of hoo-ha-ing and them 'losing' our evidence documents, we still havent heard anything back from them. We applied for this over 6 weeks ago.

Could someone please tell me whether we could be entitled to this or not? and if no, why not?

We have now moved back to my home and partner has a job. However his rent still needs to be paid and he needs this LHA.

What could be stopping us/him from being entitled???

Thank you :)

"You may get Housing Benefit if you pay rent and your income and capital (savings and investments) are below a certain level. You could qualify if you are out of work..." - From DirectGov

Anyone know what this level is???
♥ Blogger at Victoria's Vintage Blog ♥
«1

Comments

  • p00hsticks
    p00hsticks Posts: 14,362 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi,

    We have now moved back to my home and partner has a job. However his rent still needs to be paid and he needs this LHA.

    What could be stopping us/him from being entitled???

    Are you saying that you're trying to claim LHA for a property you're not actually living in ?
  • p00hsticks wrote: »
    Are you saying that you're trying to claim LHA for a property you're not actually living in ?


    Sorry, no, we've told them we have now moved. But we want/need it backdated.

    But they say they cant backdate it until they have reached a desision (fair enough).

    But are we entitled or not??

    Cheers.
    ♥ Blogger at Victoria's Vintage Blog ♥
  • Difficult to say with the limited info. You were classed as a couple for LHA calculations. Your grants etc would have counted towards the household income and would not have been viewed as an annual amount but covering the academic year only. The rules on students and LHA are lengthy and complex, but I'd suggest that your household income was deemed to exceed the applicable amount.
  • Ithaca29
    Ithaca29 Posts: 12 Forumite
    I believe you can't claim LHA for a property that is university owned - this happened to me a few years ago but with the old system rather than the new. If you lived under a private landlord, you would've been entitled but unfortunately not for any universities.

    You should prepare yourself for the eventuality that you may not get any money back. Good luck.

    Ithy
  • Ithaca29 wrote: »
    I believe you can't claim LHA for a property that is university owned - this happened to me a few years ago but with the old system rather than the new. If you lived under a private landlord, you would've been entitled but unfortunately not for any universities.

    You should prepare yourself for the eventuality that you may not get any money back. Good luck.

    Ithy

    Thanks, although the woman we spoke to didnt seem to think that this was a problem. Although to be honest she didnt seem to know a lot! Cheers,
    ♥ Blogger at Victoria's Vintage Blog ♥
  • hippy-chicy
    hippy-chicy Posts: 535 Forumite
    Ithaca29 wrote: »
    I believe you can't claim LHA for a property that is university owned - this happened to me a few years ago but with the old system rather than the new. If you lived under a private landlord, you would've been entitled but unfortunately not for any universities.

    You should prepare yourself for the eventuality that you may not get any money back. Good luck.

    Ithy

    Ithaca is on the right lines here. There is definately something in the regulations regarding this. I am not sure what the exact wording is but there is definately something about University owned/ long leased accommodation.

    I'll go and see if I can find the info.
    :j
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Regardless of who owns the property the OP and her other half were renting a 2 bed flat. As they were a couple they would only be entitled to the 1 room rate of LHA. This would be means tested on both of their incomes and any savings.

    Students cannot claim LHA unless they are disabled/have a child. As the OP is neither the LHA claim would be in her partners name only.

    Income would then be assessed based on partners contributions JSA (plus any other cash he had such as savings/redundancy payments) and OPs student income (which is divided across the whole year unless the OP is in her final year). Chances are this is what's screwed up the LHA system, basically combined they have too much money coming in as although the student funding is visible the student isn't.

    OP you are best getting advice from your universitys advice centre as benefits for students are incredibly complicated.
  • GlasweJen wrote: »
    Regardless of who owns the property the OP and her other half were renting a 2 bed flat. As they were a couple they would only be entitled to the 1 room rate of LHA. This would be means tested on both of their incomes and any savings.

    Students cannot claim LHA unless they are disabled/have a child. As the OP is neither the LHA claim would be in her partners name only.

    Income would then be assessed based on partners contributions JSA (plus any other cash he had such as savings/redundancy payments) and OPs student income (which is divided across the whole year unless the OP is in her final year). Chances are this is what's screwed up the LHA system, basically combined they have too much money coming in as although the student funding is visible the student isn't.

    OP you are best getting advice from your universitys advice centre as benefits for students are incredibly complicated.

    Thank you, this would make some sense. Because I am not claiming for the LHA as I am a student. But my student loans income is still going to show up as we are partners. But I wont show up as I wont actually be claiming.

    Very interesting. The benefit advisors couldnt seem to explain anything to us, or know whether or not were even eligiable (sp). It does seem a very difficult topic to cover as im a student and we both live in my halls. We just want to know if we can get it or not :( hopefully we will find out soon. But its been going on a very long time already! will keep you updated.

    But thanks for your explanation, it would make sense.
    ♥ Blogger at Victoria's Vintage Blog ♥
  • silvercar
    silvercar Posts: 49,376 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Be aware that the university won't let you graduate if you owe them money. As you are the student this accommodation was given to you and your partner through your eligibility as a student, if the rent is not paid it will be a debt the uni will hold against your name. In other words, you may consider it to be his half of the rent that is not paid, but the uni will consider it your debt and prevent you from graduating without it being cleared.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • silvercar wrote: »
    Be aware that the university won't let you graduate if you owe them money. As you are the student this accommodation was given to you and your partner through your eligibility as a student, if the rent is not paid it will be a debt the uni will hold against your name. In other words, you may consider it to be his half of the rent that is not paid, but the uni will consider it your debt and prevent you from graduating without it being cleared.

    i believe that this only applies to academic debt (course fees etc) and NOT non academic debt (accommodation etc), but I may be wrong.
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