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

Andreaspage

calcotti wrote: »

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.

Is the assets publishing Local Housing Allowance handbook used in in the whole of the U.K for guidance? I'm in Scotland.

calcotti

I am not aware of different rules for Scotland but I am not based in Scotland.


The document I quoted is here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf
The paragraph I quoted is on page 34

Andreaspage

calcotti wrote: »

I am not aware of different rules for Scotland but I am not based in Scotland.

What I meant to ask is the local housing allowance guidance used by councils to work out LHA amounts and room allocation?

I've phoned two other councils in Scotland and they say I'm entitled to half of the monthly rent.

As the decision maker I spoke with today said he'd never heard of the local allowance handbook and had spoken to other advisors for clarification on his decision, I think I'm going to ask my MSP for help. Asking for an appeal might be a waste of time. I'm severely disabled due to ill health so I need someone to take over and help now.

I phoned Citizens Advice and they gave me a paragraph from the CPAG? manual that confirms joint tenants in same household should be treated differently, but they saw conflicting evidence elsewhere re shared room rate so weren't sure what to advise.

Thank you for your advise everyone,

calcotti

There are strict time limits for making an appeal and I think you may need to exhaust that route before involving your MSP. However I've run out out of things to say. I don't know the answer but from the guidance I interpret this as indicating that your eligible rent should be half the rent. It's very interesting that other local authorities you spoke to support this view.

I would suggest making an appeal and simply stating "I believe that it is incorrect to say that simply because I am a joint tenant I am only entitled to the shared room rate. Because of my relationship with my son we form one household even though we are joint tenants. The Local Housing Allowance Guidance Manual 2014 includes information that supports this view, please refer to paragraph 2.100." You can print out the relevant bit from the link in my earlier post and enclose it with your appeal.

Seems to me you have nothing to lose by trying this.

Andreaspage

calcotti wrote: »

There are strict time limits for making an appeal and I think you may need to exhaust that route before involving your MSP. However I've run out out of things to say. I don't know the answer but from the guidance I interpret this as indicating that your eligible rent should be half the rent. It's very interesting that other local authorities you spoke to support this view.

I would suggest making an appeal and simply stating "I believe that it is incorrect to say that simply because I am a joint tenant I am only entitled to the shared room rate. Because of my relationship with my son we form one household even though we are joint tenants. The Local Housing Allowance Guidance Manual 2014 includes information that supports this view, please refer to paragraph 2.100." You can print out the relevant bit from the link in my earlier post and enclose it with your appeal.

Seems to me you have nothing to lose by trying this.

Thank you for all of your help. I really appreciate your time and advice.

calcotti

CPAG, incidentally, is Child Poverty Action Group who, amongst their other activities, write books on the benefit system which are widely referred to by benefits advisers.

Andreaspage

calcotti wrote: »

CPAG, incidentally, is Child Poverty Action Group who, amongst their other activities, write books on the benefit system which are widely referred to by benefits advisers.

Thank you.

I'm absolutely exhausted with all of this. I have very poor physical and mental health.

I've written letter to go with appeal form to council.

I'd love for someone else to take over now but I've done the hard groundwork. Do you think I need to send in the appeal letter first and then if the council still say it's a shared room rate, then go my MSP?

Thank you