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

calcotti

Andreaspage wrote: »

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.

If you were renting a one bedroom property you would get the one bedroom rate. You get the shared room rate because the local authority are treating you as living in a shared property. As already stated, in my opinion, the issue here is to get the local authority to recognise that you are not in a shared house living arrangement.

You and your son are financially independent and are separate benefit claimants but form one household.

Andreaspage

calcotti wrote: »

If you were renting a one bedroom property you would get the one bedroom rate. You get the shared room rate because the local authority are treating you as living in a shared property. As already stated, in my opinion, the issue here is to get the local authority to recognise that you are not in a shared house living arrangement.

You and your son are financially independent and are separate benefit claimants but form one household.

If I don't succeed changing local authority decision, and I apply for discretionary housing payment, that won't trigger anything to put me onto universal credit?

Thank you

calcotti

Andreaspage wrote: »

If I don't succeed changing local authority decision, and I apply for discretionary housing payment, that won't trigger anything to put me onto universal credit?

Thank you

No, discretionary housing payments have nothing to do with UC, but they are not a long term solution.

Andreaspage

Hi,

I've been reading a lot online about joint tenancies with a family member. Every thing that I have read so far states that my circumstances, 53 joint tenancy with my 28 year old son, should be treated as us living in a common household and that I should be receiving 50% off a two bedroom flat rate or 50% off our rent amount, and not the shared room rate I've been awarded.

I found this on rights net from a benefits advisor.

"Local authorities frequently misunderstand the common household issue. The consequence of joint tenants belonging to a common household is that each of them individually is entitled to the N-bed LHA rate: so the maximum total eligible rent for all joint tenants is N x the N-bed rate.

But then there are “young individuals”, a status which “trumps” common household. Any YIs in a common household set-up would only be entitled to the shared accommodation rate.

The mistake that councils frequently make is to apportion the N-bed LHA, so that each joint tenant is given an eligible rent of the N-bed LHA rate divided by N. That is incorrect: there is no provision in the HB Regs to divide the LHA between joint tenants.

That is the LHA side of things. The claimant’s HB eligible rent cannot exceed his/her share of the real life rent. So the LHA rate determined in accordance with the principles outlined above must be compared with the claimant’s share of the rent and HB is based on the lesser of the two. This is where the apportionment between joint tenants takes place. The eligible rent for each person is MIN(N-bed LHA, R/N) - although a crude R/N split is not always appropriate, it might be reasonable to apportion R more heavily towards one JT than the other(s), for example where one of them has children and uses more rooms. And remember in the case of a young individual the eligible rent is MIN(Shared LHA, R/N).


Does anyone know what the LHA equation means at the top of the statement, and explain how in relation to this statement, what LHA I should be receiving?

Thank you

calcotti

It means what I have said at posts 10 and 12 following the guidance In the LHA Manual. The applicable LHA rate for you is two bedrooms because you live in a two person household (you and your son), the applicable LHA for your sons remains the shared room rate because of his age. In your case your share of the joint rent is less than the applicable LHA so your eligible rent for housing benefit is the 50% of the actual rent.

In the equation the N stands for the number of people in the household.

Andreaspage

calcotti wrote: »

It means what I have said at posts 10 and 12 following the guidance In the LHA Manual. The applicable LHA rate for you is two bedrooms because you live in a two person household (you and your son), the applicable LHA for your sons remains the shared room rate because of his age. In your case your share of the joint rent is less than the applicable LHA so your eligible rent for housing benefit is the 50% of the actual rent.

In the equation the N stands for the number of people in the household.

Thanks again for answering my query. I hope that the decision maker is open to this and what I say.

Andreaspage

Hi,

Spoke with the decision maker just now. He said that the decision to give me half of our monthly rent was incorrect and that as I am a joint tenant, I'm only entitled to the shared room rate.

I quoted the paragraph from the Local Allowance handbook and he said he had never heard of this handbook. He said he'd spoken to other colleagues and everyone said that the shared room rate applies to any joint tenancy.

He said I can appeal if I like with any evidence that I have, but that the decision will be the same.

Any advice world be grateful.

Thank you

Comms69

Andreaspage wrote: »

Hi,

Spoke with the decision maker just now. He said that the decision to give me half of our monthly rent was incorrect and that as I am a joint tenant, I'm only entitled to the shared room rate.

I quoted the paragraph from the Local Allowance handbook and he said he had never heard of this handbook. He said he'd spoken to other colleagues and everyone said that the shared room rate applies to any joint tenancy.

He said I can appeal if I like with any evidence that I have, but that the decision will be the same.

Any advice world be grateful.

Thank you

I'm concerned they don't understand what a joint tenancy means. It doesn't mean you owe half the rent; you owe all of it

Andreaspage

Comms69 wrote: »

I'm concerned they don't understand what a joint tenancy means. It doesn't mean you owe half the rent; you owe all of it

Is there a legal definition or calculation do you know that I can quote to the decision maker that shows what I'm entitled to? I quoted paragraph from local allowance handbook paragraph on joint tenants but he hadn't heard of it.

In your opinion should I be entitled to half of our rent and my son the shared room rate?

Thanks for your help.

calcotti

Andreaspage wrote: »

Is there a legal definition or calculation do you know that I can quote to the decision maker that shows what I'm entitled to? I quoted paragraph from local allowance handbook paragraph on joint tenants but he hadn't heard of it.

In your opinion should I be entitled to half of our rent and my son the shared room rate?

Thanks for your help.

That's my belief. Ask them how you appeal. In your appeal quote the reference. Get help from a local advice agency if you need it.