Housing benifit miscalculated?

marrow85

Hi, I'm 25, single male. I applied for hb about 8 months ago and was told I was only entitled to a shared accomodation rate due to my age (under 26) even though I had a larger place and so had extra rent to pay. I queried this a few times and had similar answers from staff. I now owe my landlord 800 in rent that I have been unable to pay due to the short fall, (kept saying I would pay once I found work, but no luck as its such a rural area). I decided to check with other authorities as I was getting really pressured to pay up and move out (live in landlord) and found that I was entitled to a higher rate.

Put a formal letter in last week but have since been forced to empty my overdraft and pay some of the rent, plus move out. I need to know how likely I am to get a full refund as I'm pushed to the limits, and have no phone, so forced to contact them via email. I am trying to push them to reply by friday.

I know I gave the correct infomation, although as parts of the house are shared with the landlord there was a little confusion. I had a bedroom, living room and childs bedroom/storage for when my daughter stayed over.

Help! How long and how likely is it that I will get a full backpay?

dseventy

What is your LHA rate for your area?

https://lha-direct.voa.gov.uk/Secure/LHARateSearch.aspx?SearchType=PostCode

Check above. If the LHA rate is lower than your rent, you won't get it paid and you need to make up the difference yourself.

You could apply for a discretionary payment, but I don't think you fit the criteria.

http://england.shelter.org.uk/get_advice/paying_for_a_home/housing_benefit_and_local_housing_allowance/discretionary_housing_payments

D70

marrow85

My rent was 75 and the LHA for a single room is about 76 .

However the staff were calculating me as a 25 or under as I was not 'Over' 25 as in 26. Because of this I was only entited to a shared rate of 54 per week.

I now believe as a 25 year old I should have got a 25 or over rate as I am renting a larger place. Is this correct?

They did there reasoning from a tatty bit of paper saying only over 25's....

space_rider

Surely you should be entitled to something bigger because of your child.

dseventy

Its about how old you were when rent was liable.

Your other post is confusing as suggests you have rent arrears on another place too?

D70

marrow85

I am a divorced father, but as custody is still being decided I do not get to see my daughter much, and as I hear it dads aren't entitled to a larger place unless they recieve the child benifit.

I was 25 when I moved in and made the claim, I was told my allowance would increase once I was 26 (april)

I have had to move out as the landlord has become alcoholic and violent, (its someone I've known for a while but who was recently berived and inherited the property) I still owe a few weeks on the tennancy agreement but had to leave.

I used the last of my overdraft to pay him off as much as poss, and get a deposit for a new place, which I am now claiming for. I should get the correct rate here, but obviously want any unpaid rent to repay my overdraft and the rent which I owe.

HappyMJ

No matter what age you are if you live in shared accomodation then that's the rate you get. Do you have exclusive use of 2 rooms?

marrow85

Yes I had exclusive use of my bedroom and my daughters room, also a downstairs toilet and a downstairs living room, although the ones downstairs were not secure, and occasionally the landlords visitors would wander in or use them.

HappyMJ

marrow85 wrote: »

Yes I had exclusive use of my bedroom and my daughters room, also a downstairs toilet and a downstairs living room, although the ones downstairs were not secure, and occasionally the landlords visitors would wander in or use them.

OK so downstairs don't count. Did you make it crystal clear that the 2 bedrooms you have access to cannot be accessed or used by the live in landlord. What rooms does the landlord use exclusively?

I dont understand how a £21 shortfall is now a £800 debt. Thats 40 weeks. Did you not complain earlier? When did you turn 25?

dmg24

According to the LHA/ Rent Service website, the self contained rate only applies if you have:

By a self-contained property we mean one where you have your own room plus your own:

• bathroom

• toilet; and

• kitchen (or facilities to cook with)

Therefore you would not qualify.

Edit: However the LHA Guidance Manual indicates that you would qualify! What reason have they given for disregarding your daughter's bedroom? Is it big enough to be a bedroom?

marrow85

Ouch, ok. I did make the situation with the rooms clear, I was 25 and its been 7 months. I went in a few times but the lady on the desk just pointed to the over 25 thing. Once I did have a proper meeting and was told my rate would increase when I turned 26 in april. They seemed to say my place counted as self contained but they obviously don't have a clue.

ok so its more like 600, but my landlord is insising its more, although I have records of my payments.