Single and under 35 LHA Question

Sarah1987

Hi,

I posted about this in the thread for the benefits calculator tool but I think it's better if I make a thread about it since I guess more people will see it and be able to advise me.

I filled in the benefits calculator on the website and it says I'm entitled to one bedroom, but I think that might be incorrect? I'm 26 years old so assumed I'm only entitled to the rate for shared accommodation.

I've recently made a claim for ESA and housing benefit and I'm living in a self contained flat. I have a lot of problems with anxiety and depression which has been ongoing for years but at some times it's better than others.

It's gotten quite bad over the last 6 months or so, to the point where I only ever leave my flat just to get my shopping and don't see any friends and don't have any family. I was a full time student and took a leave of absence because I was really struggling to go into university because of my anxiety problems and the small amounts of savings I did have are all gone so I've had to make a benefits claim..

I'm really worried that I'm going to be forced to move into shared accommodation because of the LHA and with my problems at the moment it's just going to make my anxiety and depression even worse. I also have 2 cats who are the only things that stop me from wanting to kill myself and if I have to move somewhere else and can't take them then I feel like I wont have anything else left to live for..

I'm just wondering if someone can clarify for me if there's a problem with the calculator or if I'd actually be entitled to the one bedroom rate? If I am only entitled to the shared rate then is there a way to change my entitlement if I get proof of my situation from my doctor?

Thank you,
Sarah

ripplyuk

I believe the one bedroom rate applies to people under 30 if they're getting DLA care component at the middle or high rate. If you haven't already, perhaps you see if you could apply for this as well as your ESA. Also, you can apply for a discretionary award of housing benefit to help with the rent. This is obviously not guaranteed but it's worth applying. Ask your doctor for a letter about your problems and send it to the Housing Benefit people.

Sarah1987

Hi thank you for the answer. I don't really know how DLA works so I think I'll need to speak to citizens advice or something because all the benefits stuff is really confusing me.. It's the first time I've ever had to make a benefits claim.. Before I started at university I was working full time (Well, I spent a lot of time on sick leave ) so didn't really have to deal with benefits claims... I wish I had enough money to not need to bother with all the hassle! I had about £4000 of savings which have all gone now and I only have like £100 left in my bank so I'm forced to have to do a claim now...

pmlindyloo

If you are under 35 then you are only entitled to the shared room rate of local housing allowance unless you are receiving the mid rate care of DLA or either rate of the daily living component of Personal Independence Payment.

You can no longer apply for Disability Living Allowance. You would have to apply for PIP. (goggle for more information)

However, if you make a claim for HB and you have not claimed HB for the past 52 weeks then they will pay your current rent for 13 weeks.

If at the end of the 13 weeks (or if you do not qualify) then you can ask for a Discretionary Housing Payment to cover the rest of your rent.

So put in a claim for PIP.

Go and get your forms for HB and Council Tax Support. Ask about the 3 week protection rule and if you don't qualify ask for a Discretionary Housing Payment. If you have to apply for a Discretionary Housing Payment then tell them that you have put in a claim for PIP.

If you are on income based ESA then the Job Centre Plus should help you with your HB and CT claim as income based ESA makes you automatically eligible.

pmlindyloo

I should have mentioned that if you have taken a leave of absence through illness from university there may be some funding available if you find yourself in financial difficulty especially if you intend to return.

You need to speak to someone in the welfare department at your university.

Sarah1987

Hi. Thank you for your reply too.. I'll try look into claiming PIP. I have a dr's appointment today so maybe she'll have some idea if I have a chance of being eligible for it.

I also just phoned my council to ask about the 13 week thing and the woman on the phone said they don't do anything like that.. She did send me a form to apply for that discretionary housing payment thing though. I used to work for the company the council outsource all their call centre's to though (worked for the council tax department) and I know their training is pretty bad so I'd not be surprised if the 13 week thing is actually something they do and the woman on the phone was just unaware.

I'm also not sure if I would be able to get help from my university. I do intend to go back.. Hopefully in September if I'm well enough by then. Once you take a leave of absense you're no longer registered as a student at the university so I don't think the access to learning fund (like a hardship fund thing) would be available to me.. I'll send an email to the welfare people for my department though and ask them..

pmlindyloo

A link for you about the 13 week protection period>

http://www.entitledto.co.uk/help/dateoftenancy.aspx

Sarah1987

Thanks for the link! Do you know if it applies for all councils? I've done some googling and I can find info about it on other council websites but I can't find anything about it on my council's website (Birmingham City Council) and the woman on the phone earlier also said there's no such thing... Is it maybe that they just try to prevent people from knowing so they can pay the LHA rate right from the start?

Sarah1987

Wow the council are useless... Phoned them and someone who I used to work with answered then he spent 10 mins with me on hold checking if he can even talk to me.. He didn't need to go into any claim info and it was just a simple question.. Then by the time he gets back and I explain the question to him, he has no idea so I requested to speak to a manager and get transferred to one who is apparently trained on benefits but she doesn't know either and so I have to wait until tomorrow for a manager with some competence (hopefully) to call me back.. I asked if my previous manager (who is benefits trained, but she's a section manager now) could phone me because at least I know she understands what she's doing...

All this benefits stuff is really stressing me out.. I really wish I didn't have to bother with it all.

Housing_Benefit_Officer

Sarah1987 wrote: »

Thanks for the link! Do you know if it applies for all councils? I've done some googling and I can find info about it on other council websites but I can't find anything about it on my council's website (Birmingham City Council) and the woman on the phone earlier also said there's no such thing... Is it maybe that they just try to prevent people from knowing so they can pay the LHA rate right from the start?

It is nationwide rules.

If you could afford to pay the rent when you moved in (i.e. didn't claim Housing Benefit) and have not claimed Housing Benefit in the previous 52 weeks then the full rent will be used for 13 weeks in the calculation of any benefit award.

So if 27 year old Joe Bloggs started renting a 3 bedroom house for £1,500 per month on 1st January 2013 and was made unemployed on 1st March 2014 so made a claim for Housing Benefit then he could potentially get £1,500 per month paid for 13 weeks. After the 13 weeks protection his eligible Housing Benefit is reduced to the Shared Room Rate.

If Joe Bloggs claimed Housing Benefit from the date he moved in 1st January 2013 to 1st February 2013 and he then claimed again on the 1st March 2014, despite not claiming in the previous 52 weeks he wouldn't get the 13 week protection as he couldn't afford the rent when he first moved in so he would be paid the SRR rate only.

pmlindyloo

You could quote the government manual:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/232359/lha-guidance-manual.pdf

page 72

Numpties!