UC Housing payment less than LHA

scoobiemandan

We have received our statement from UC regarding amounts we will get but our housing payment is less than the LHA in our area??

Rent is £1160pcm, 4 bedrooms.  Residents are myself, my wife, my 18yr old daughter and my 13yr old daughter.  UC are paying £650pcm.

I understand the reduction for spare bedroom but the payment is less than the LHA of £713.92pcm!

My wife is unable to work due to disability, I do not work and am her carer (not yet receiving carers allowance).  My 18yr old has her own UC and PIP claim and my 13yr old is receiving DLA as she’s autistic (what a bunch we are eh).

Anyone able to shed any light before I contact UC?

poppy12345

You mention LHA which is for privately rented tenants and then you mention bedroom tax which is for social housing tenants. There's no bedroom tax for those that privately rent. If you privately rent then you'll be entitled to the 3 bedroom rate. Put your postcode into this to see what you're entitled to. https://lha-direct.voa.gov.uk/

Based on the information you've given there should be no deductions from your housing costs.

Edit to add, if you're caring for either your wife or your children and they are receiving either DLA mid/high rate care or PIP daily living, you don't have to claim Carers Allowance to claim carers element of UC. (providing you don't receive the LCWRA element for yourself) You just need to be caring for them for at least 35 hours per week.

If you claim carers allowance it will be deducted in full from your UC maximum entitlement.

scoobiemandan

@poppy12345 Thank you for that.  Just to clarify, regardless of social or private rent, the highest amount that benefits will pay, as I understand it, is up to the LHA.  The LHA, obviously, is based upon the amount of residents that reside in said property.  The figure of £713.92pcm is that which I gleamed from the very link you provided.  It is the highest amount that can be paid, based on the four people in my household requiring no more than three bedrooms.

This is why I cannot understand why UC are only paying £650pcm which is under the LHA for our area?

poppy12345

scoobiemandan said:

@poppy12345 Thank you for that.  Just to clarify, regardless of social or private rent, the highest amount that benefits will pay, as I understand it, is up to the LHA. 

That's not correct. As previously advised, LHA applies to privately renting only, it doesn't apply to social housing. Are you privately renting?

Is this a new UC claim? If so when you first claimed what exactly did you put your daughter down as?

scoobiemandan

@poppy12345 Sorry, yes we are privately renting. Thanks for clarifying the social/private difference. 

Regarding the claim, yes it's a new claim.  Everything is correct with regards to our household regarding who lives here, what their status is etc etc.  For instance, my 18 yr old is a non dependant on the claim.

Robbie64

You need to indicate whether you are renting privately or are renting through a social landlord or the council. The housing costs element of your UC is worked out differently depending on this.

poppy12345

Are they paying you the 2 bedroom rate rather than the 3? If you haven't checked please do. I don't know the answer but this is my thoughts, ohers may know. You will need to put a message on your journal under payments and tell them the error.

As it's a new claim has your wife reported a health condition and sent in a fit note from her GP?

scoobiemandan

@poppy12345

As far as I can tell they are paying an erroneous figure!  The LHA for two bedrooms is around £530.

I have requested clarification from them regarding the housing costs.

Yes a fit note has been provided.  Everything reported on the original claim is as it should be

On a side note, they've also asked for my wife to provide previous earnings figures even though she's not worked since 2012 due to her disability, which is apparent in the original claim and that which they would know based on her DWP record of PIP and ESA!?

poppy12345

scoobiemandan said:

On a side note, they've also asked for my wife to provide previous earnings figures even though she's not worked since 2012 due to her disability, which is apparent in the original claim and that which they would know based on her DWP record of PIP and ESA!?

That will be to do with the 9 month grace period for the benefit cap (which doesn't apply to you anyway because she's claiming PIP)

Was she claiming ESA immediately before you applied for UC? If so which group was she in?

scoobiemandan

poppy12345 said:

scoobiemandan said:

On a side note, they've also asked for my wife to provide previous earnings figures even though she's not worked since 2012 due to her disability, which is apparent in the original claim and that which they would know based on her DWP record of PIP and ESA!?

That will be to do with the 9 month grace period for the benefit cap (which doesn't apply to you anyway because she's claiming PIP)

Was she claiming ESA before you applied for UC? If so which group was she in?

Yes she's been claiming the retrospective disability benefits for years.  She's in the support group for ESA.

poppy12345

Then her Support Group award should be honoured in UC and she should be recieving the LCWRA element from the start of her claim, although it can take a while for them to add it onto your maximum entitlement.

Was the ESA part Contributions based? If so then this part (£114.10 per week) will continue and be deducted in full from your maximum UC entitlement.