Rent's gone up and Housing Benefit will not cover it

HillStreetBlues

Lifematters said:

LHA was introduced in April 2008. If OP has been in property for 20 years and claiming HB continuously throughout then LHA rules do not apply. 

I thought the when they closed the Rent Service everything went to VOA  and if rent increases they  use the LHA.
So if they doesn't use the LHA  what is the process with the increase in rent?

Lifematters

HillStreetBlues said:

Lifematters said:

LHA was introduced in April 2008. If OP has been in property for 20 years and claiming HB continuously throughout then LHA rules do not apply. 

I thought the when they closed the Rent Service everything went to VOA  and if rent increases they  use the LHA.
So if they doesn't use the LHA  what is the process with the increase in rent?

Local Authorities still do annual Rent Officer referrals for old scheme tenancies. If there’s a break in claim then the new HB claim will be based on LHA rates. If OP checks what the LHA rate for area is based on MIL’s household and it is higher than the current rent officer decision then it may be worth considering asking LA if they will cancel and re-open claim with one week break to get the higher LHA rate. Some LA’s do this. Would lose one weeks HB so need to take that into consideration too.

tomtom256

Lifematters said:

Local Authorities still do annual Rent Officer referrals for old scheme tenancies. If there’s a break in claim then the new HB claim will be based on LHA rates. If OP checks what the LHA rate for area is based on MIL’s household and it is higher than the current rent officer decision then it may be worth considering asking LA if they will cancel and re-open claim with one week break to get the higher LHA rate. Some LA’s do this. Would lose one weeks HB so need to take that into consideration too.

If there is a break in claim, unless OP is a pensioner, they cannot re-open it, as it will be classed as a new claim, which can no longer be made, so it would force a claim to UC I believe.

HillStreetBlues

Lifematters said:

Local Authorities still do annual Rent Officer referrals for old scheme tenancies. If there’s a break in claim then the new HB claim will be based on LHA rates. If OP checks what the LHA rate for area is based on MIL’s household and it is higher than the current rent officer decision then it may be worth considering asking LA if they will cancel and re-open claim with one week break to get the higher LHA rate. Some LA’s do this. Would lose one weeks HB so need to take that into consideration too.

Very helpful, thanks

Fidjibaby

Thank you, I'm aware of the LHA calculations but obviously am not entitled to LHA rates. How could one initiate a break in HB claim without it being illegal or not acceptable to LA?

Fidjibaby

I honestly thought that LA would, in any event, at least raise HB payments to LHA rates. 

Spoonie_Turtle

Fidjibaby said:

I emailed his letter of rent increase to the Local Authority's Housing Benefit department and they assured me that they would deal with it. The next day I got an email telling me that they could not refer the new rent to the Valuation Office for another year as they had just carried out their annual referral and that I and the landlord would have to wait until the end of this year before they would do this. 

Just going to try to pull the focus back to this being the main issue, since the discussion about LHA rates (which are only applicable if the rent amount has gone higher than that) seems to have waylaid the thread somewhat

calcotti

Fidjibaby said:

Thank you, I'm aware of the LHA calculations but obviously am not entitled to LHA rates. How could one initiate a break in HB claim without it being illegal or not acceptable to LA?

Are you a pensioner? As to tomtom said you cannot a new HB claim cannot be made if you are working age.

Do you get SDP in your ESA?

Fidjibaby

I'm 64, another two years to go before pension age. No I don't get SDP in my ESA. Another matter for me to deal with, as it has been recommended. Spoonie_Turtle got the point of my problem.

poppy12345

Fidjibaby said:

I'm 64, another two years to go before pension age. No I don't get SDP in my ESA. Another matter for me to deal with, as it has been recommended. Spoonie_Turtle got the point of my problem.

In your first comment you said you live with your grandson. For you to be entitled to SDP if your grandson is a non dependant then he will need to be claiming a qualifying disability benefit himself such as PIP daily living or DLA mid/high rate care or be registered blind.

No one must also be claiming either carers allowance or carers element of Universal Credit for looking after you.