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Housing benefit for 20 year old

Hello all
I think i know the answer but anyway...
some advice for a family friend, aged 20 she is currently working 18 hours on a local farm, 4 in cleaning job and looking for more work. She has been sleeping on a friends sofa for about 8 weeks after moving back to her home city. Her father moved into sheltered accomodation, which she couldn't move into with him so she is sofa surfing.

She has found a flat but has been told she will only be eligible for the shared rate of LHA and not the 1 bed rate by the local council; I put all the details into turn to us and this says she would be entitled to around £38 hb a week and a little off the council tax. I take it this is incorrect?

Can she appeal this at all? Are the council likely to change their minds?
We're stumped really and she is running out of time to stay with this friend, who obviously wants her couch back!

Thanks in advance :)
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Comments

  • Hammyman
    Hammyman Posts: 9,913 Forumite
    Yes its correct - at her age she is only entitled to the shared rate and the amount she gets is affected by her income from employment. No she can't appeal as those are the rules. The council won't change their minds. She has an income and that is supposed to pay for her accommodation, not the State.
  • Sharon87
    Sharon87 Posts: 4,011 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Well being under 25 she is only entitled to the shared room rate. Working 22 hours a week she won't be entitled to the full housing benefit.

    What's the pay like for her jobs? also what council is it? The reason I ask is because it's a means tested benefit, so if she was on a decent enough wage, then it will seem about right.

    22 hours at minimum wage for 20 year old is £108.24 a week, but that's at £4.92 an hour. The higher the wage, the less benefit you get. It's not based on hours, it's based on income.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Sharon87 wrote: »
    Well being under 25 she is only entitled to the shared room rate. Working 22 hours a week she won't be entitled to the full housing benefit.

    What's the pay like for her jobs? also what council is it? The reason I ask is because it's a means tested benefit, so if she was on a decent enough wage, then it will seem about right.

    22 hours at minimum wage for 20 year old is £108.24 a week, but that's at £4.92 an hour. The higher the wage, the less benefit you get. It's not based on hours, it's based on income.

    She's doing 18 hours. The first £5-£20 of wages is disregarded.
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  • pug_in_a_bed
    pug_in_a_bed Posts: 1,975 Forumite
    Yes I thought that would be it, its a shame as to get her off the couch so to speak she needs maybe only another £50 a week and is having no luck with more hours at work or with getting a better paying job. She's effectively alone as her father has virtually nothing to do with her, and has his own issues, and we only know her through other friends.

    At some point I suspect she will be out on her backside as things have deteriorated with the couch provider, but as my mum said, when she was that age you could only leave home by getting married!
  • pug_in_a_bed
    pug_in_a_bed Posts: 1,975 Forumite
    edited 17 January 2011 at 9:39PM
    She's getting around £130 a week I believe, so not brilliant :(

    Average rent around here for a 1 bed is about £450 a month for a very little place, not including bills etc, she's animal mad and working her little heart out on the farm but there are no more hours available :(
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    As far as I know, only severely disabled single people are entitled to a 1 bedroom rate if they are under 25 and the government plan to increase the shared room rate of LHA to 35 for those in private accommodation. Perhaps this extends to those leaving care, I can't remember. There is no right to 'appeal' whatsover on any other grounds. It's simply a non negotiable rule.

    Information can be found here and on the Shelter website. The LHA direct website is the official site for LHA information.

    https://lha-direct.voa.gov.uk/Secure/Default.aspx

    If she wants to live in self-contained accommodation, then she simply has to earn more. Not many 20 year olds live in their own accommodation! Hopefully she's not signed that tenancy contract as she'll struggle with the rent and bills. A good landlord/agent would have checked her income and then refused her the tenancy.

    For advice on homelessness and the local councils obligations to her, the Shelter website is also very good. The MSE budget planner will help her plan her budget.

    The Turn2us website is good for her to check her benefit entitlements.

    If she's experiencing homelessness (defined as insecurity of tenure past the next 28 days), she should call Shelter asap.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Jowo wrote: »
    As far as I know, only severely disabled single people are entitled to a 1 bedroom rate if they are under 25 and the government plan to increase the shared room rate of LHA to 35 for those in private accommodation. Perhaps this extends to those leaving care, I can't remember. There is no right to 'appeal' whatsover on any other grounds. It's simply a non negotiable rule.

    According to your link, it's currently 22 for care leavers. I've not heard anything about this being changed.
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  • pug_in_a_bed
    pug_in_a_bed Posts: 1,975 Forumite
    she's basically alone in the world so she's had no choice but to branch out really.

    The landlord was awaiting further news from her as to her entitlement, but I did suspect we would be stuck.

    Thanks for all the help
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Get her to contact Shelter or a youth homelessness charity - they will be able to advise her about her options and how the local council should process any homelessness application she may submit. Local councils have the reputation of being overwhelmed with demand and not always following their statutory obligations.

    The Crisis charity undertook a 'mystery shopping' exercise and got lots of people to present themselves as homeless with different scenarios. Off the top of my head, I think the council didn't discharge their responsibilities correctly, according to housing law relating to homelessness, on more than 90% of the cases - many of the 'homeless' didn't even get past the receptionist, many housing staff did not accept their applications when they should have and one even gave a false name!

    Other than that, she has to find an affordable house-share. At least that way, she could make friends and learn how to budget, improve her house-keeping skills, before taking the plunge into living on her own, which can be lonely and expensive.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    She's getting around £130 a week I believe, so not brilliant :(

    Average rent around here for a 1 bed is about £450 a month for a very little place, not including bills etc, she's animal mad and working her little heart out on the farm but there are no more hours available :(

    Why can't she look for house/flat share?
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