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universal credit - housing costs question

So a mystery is apparent, with pretty much no information at all on it on the internet.

Think of the following scenario.

1 - Someone is renting privately.
2 - They are in receipt of housing benefit (not LHA), this is possible if the claim is very old before 2008, and there has been no change of circumstances since.
3 - They migrate to UC via "managed migration" NOT "natural migration".
4 - The rent officer has deemed their fair rent higher than the LHA rate for their area (very likely at this point).

The question is simple, is the housing cost element for this person set to the HB entitlement or LHA entitlement? In other words is there transitional protection.

Comments

  • huckster
    huckster Posts: 5,591 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Government has not yet published any information on the exact transitional protection, so no one on MSE or elsewhere will be able to answer this.

    Suggest you raise this with your local MP and ask them to see if they can get DWP to answer this. I have raised questions before by doing this and have had letters back, so you should receive a response, even if it does not provide an exact answer.

    My guess is that those in the position of receiving HB in excess of the LHA rate, are likely to see UC pay a lower rate. They will then have to raise a complaint providing a copy of the HB award letter from the rent officer. It will then go to a UC Decision Maker who will refer to whatever new guidance Government has provided.

    Migration could be years away. I think Rudd announced recently that they would slow down the migration process, with only limited legacy claimants transferred to UC during 2019.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
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