Housing benefit has been reduced to shared accommodation rate, joint tennacy with son, I'm disabled

Andreaspage

I phoned housing benefit just now as not had phone call yet from decision maker. The reason the person I spoke with gave my benefit has been dropped from half our rent to shared accommodation is that I had been given a protected band and this has now been taken off. He said it could be put back on its up to the decision maker.

Does anyone know what a protected band is?

Thank you for your time and advice.

calcotti

When did you first claim HB? I think this may refer to temporary protection that can be applied when people first claim HB if they were able to afford their rent when the tenancy started but their circumstances change. I may be completely off on this.


Did you ask council why you and your son are not being treated as living in one household as per the guidance I previously referenced?

Andreaspage

calcotti wrote: »

When did you first claim HB? I think this may refer to temporary protection that can be applied when people first claim HB if they were able to afford their rent when the tenancy started but their circumstances change. I may be completely off on this.


Did you ask council why you and your son are not being treated as living in one household as per the guidance I previously referenced?

I first claimed housing benefit in 2010 when my son and I moved to our first private tenancy. The lease was in my name only. We've had four private tenancies since (landlords selling flats) all in my name only. In February 2018 we moved to this 2 bed flat and our first joint tenancy.

I haven't asked yet about why we are not being treated as living in one household. Should we be? What are the criteria? I'm waiting for decision maker to phone me today.

Thank you for your help.

calcotti

Andreaspage wrote: »

I haven't asked yet about why we are not being treated as living in one household. Should we be? What are the criteria? I'm waiting for decision maker to phone me today.

Look at the extract from the guidance I quoted in my post #11. I don't know that this is right but the example given seems to fit your situation. Ask the Decision Maker to look at the Local Housing Allowance Guidance Manual and refer to paragraph 2.100.

Andreaspage

calcotti wrote: »

Look at the extract from the guidance I quoted in my post #11. I don't know that this is right but the example given seems to fit your situation. Ask the Decision Maker to look at the Local Housing Allowance Guidance Manual and refer to paragraph 2.100.

Thank you. I'll ask the advisor if I get a phone call today, if not, I'll phone council on Monday.

Andreaspage

calcotti wrote: »

Look at the extract from the guidance I quoted in my post #11. I don't know that this is right but the example given seems to fit your situation. Ask the Decision Maker to look at the Local Housing Allowance Guidance Manual and refer to paragraph 2.100.

I'm wondering if that particular case is because the man has a non dependant, in his partner and dependants? I've read that if someone under 35 has a non dependant living with them they don't get the shared room rate.

Am I a non dependant to my son in working out LHA?

calcotti

I’m not sure of the answer but I do think it’s worth asking the DM to look at the guidance I’ve quoted. The fundamental issue is that the local authority are treating you as living in a shared house in the same way as if you were living with a friend or stranger. Common sense says this is is not the same as living with your son and I believe that although you are separatec caimants you should be treated as living in the same household.

Andreaspage

calcotti wrote: »

I’m not sure of the answer but I do think it’s worth asking the DM to look at the guidance I’ve quoted. The fundamental issue is that the local authority are treating you as living in a shared house in the same way as if you were living with a friend or stranger. Common sense says this is is not the same as living with your son and I believe that although you are separatec caimants you should be treated as living in the same household.

I agree with you. He's also dependant on me financially. He's my son which is a different living arrangement to living with a flat mate in a shared flat.

Thank you for your help.

poppy12345

Andreaspage wrote: »

I agree with you. He's also dependant on me financially. He's my son which is a different living arrangement to living with a flat mate in a shared flat.

Thank you for your help.

I disagree that he's dependent on you financially because he's claiming benefits in his own right.

Andreaspage

poppy12345 wrote: »

I disagree that he's dependent on you financially because he's claiming benefits in his own right.

For LHA calculation I understand he won't be seen as financially dependant on me. I am so grateful for everyone's help on here. I do think it isn't right that I'm severely disabled, over 35 and yet only receive shared room rate of LHA. My son and I live alone together in a single household, not shared accommodation.