Completely confused - housing rates

sassy_one

Hi,

After some housing advice for a couple.

They are seeking to rent a room in a shared property, would be s shared bathroom and shared kitchen with other guests.

It would be for a double room, not a single room.

Now comes the confusion.
They approached the council and are told they need to claim UC, not HOUSING benefit, okay fine - but they've spoken to the assessment team and been advised they can only claim and only entitled to the single shared room rate X1 - so basically they will only get one allowance, so in sense the other person won't get a penny!

This surely cannot be right?
I tried calling them this afternoon on their behalf but I was told the same, as it doesn't fall within a 1 bedroom rate.
But it doesnt fall under single person shared accommodation either so how the hell can this be fair or right?

Please, someone tell me this is wrong and they've misinformed them.

Thanks

Lanzarote1938

Will there be a shortfall on the amount of rent needing to be paid with a single person allowance within UC?

tboo

sassy-one wrote: »

Hi,

After some housing advice for a couple.

They are seeking to rent a room in a shared property, would be s shared bathroom and shared kitchen with other guests.

It would be for a double room, not a single room.

Now comes the confusion.
They approached the council and are told they need to claim UC, not HOUSING benefit, okay fine - but they've spoken to the assessment team and been advised they can only claim and only entitled to the single shared room rate X1 - so basically they will only get one allowance, so in sense the other person won't get a penny!

This surely cannot be right?
I tried calling them this afternoon on their behalf but I was told the same, as it doesn't fall within a 1 bedroom rate.
But it doesnt fall under single person shared accommodation either so how the hell can this be fair or right?

Please, someone tell me this is wrong and they've misinformed them.

Thanks

As a couple they get the 1 bedroom rate

https://england.shelter.org.uk/housing_advice/benefits/how_many_bedrooms_you_can_claim_benefits_for


If they are claiming UC they claim as a couple and receive 1 x rent allowance, any shortfall has to be paid by them

calcotti

Although they share facilities, as a couple, it appears they should get the one bedroom rate rather than the shared room rate.
https://england.shelter.org.uk/housing_advice/benefits/local_housing_allowance_lha_for_private_renters

See also https://www.entitledto.co.uk/help/Calculating-Your-Bedroom-Entitlement

“Couples

Couples are entitled to one bedroom unless they meet the rules to qualify for an extra bedroom (see the end of this help page)..

If you are private tenants claiming Housing Benefit as a couple and share facilities with other joint tenants you will only get the shared accommodation rate of Local Housing Allowance. This does not apply to couples claiming Universal Credit who are still entitled to one bedroom.”

According to this shared room rate would have applied for HB but one bedroom rate applies for UC. Unfortunately I can’t find the source for this.

calcotti

Found it

The Universal Credit Regulations 2013
https://www.legislation.gov.uk/uksi/2013/376/schedule/4

Specified renters entitled to shared accommodation only

27.—(1) In calculating the amount of a renter's housing costs element under paragraph 22, any specified renter (within the meaning of paragraph 28) is entitled to shared accommodation only.

(2) “Shared accommodation” means the category of accommodation specified in paragraph 1(a) of Schedule 1 to the Rent Officers Order 2013.

Meaning of “specified renters”

28.—(1) For the purposes of paragraph 27, “specified renter” means a renter in respect of whom all of the following conditions are met.

(2) The first condition is that the renter is a single person (or a member of a couple claiming as a single person) who—

(a)is under 35 years old; and

(b)is not an excepted person under paragraph 29.

(3) The second condition is that the renter is not responsible for any children or qualifying young persons.

(4) The third condition is that no person is a non-dependant in relation to the renter.

As a couple you do not fit the definition of ‘specified renters’. Therefore the shared room rate does not apply. By default therefore the one bedroom rate applies. See clause 10

Number of bedrooms to which a renter is entitled

10.—(1) A renter is entitled to one bedroom for each of the following categories of persons in their extended benefit unit—

(a)the renter (or joint renters);

OP, you should ask DWP to review their decision and refer them to these clauses if it is the DWP’s decision. I am not clear from your post whether they have a DWAp decision or just advice from the council, if the latter they may have incorrectly advised based on housing benefit rules.

sheramber

The first condition is that the renter is a single person (or a member of a couple claiming as a single person)

Are they claiming UC as a couple?