Universal Credit housing element LHA entitlement amount

Annie2347

Hello,

I would be grateful if someone could confirm that I have understood LHA regulation amounts please.

My adult son and I rent privately, as you may have read in previous threads.

When my son turns 35 will we both individually be entitled to the two bedroom LHA rate in a joint tenancy? 

If my son qualifies for the daily living component of Adult Disability benefit before he is 35 will he be entitled to the two bedroom rate of a joint tenancy with me? 

Thank you so much for your help. I appreciate it greatly. 

NedS

Going to need a little more information / clarification please, in order to give you a full and accurate answer.

How many people live at the property - just the two of you?

How many bedrooms at the property?

Is it privately rented from a landlord or is it council/social housing rented through a housing association or from the council?

Who's name is the tenancy in - just yours, or is it a joint tenancy naming both of you (both legally liable for the rent?)

How old is your son?

Is your son in receipt of PIP daily living component or not?

Annie2347

Hi,

Thank you for your reply.

It is my son and me living in a two bedroom flat, in a joint tenancy with a private landlord. The tenancy is in both our names. 

My son receives Universal Credit at the moment and is waiting to hear about the health assessment part.

My son is 33 and receives half of the rent in housing element as it is less than the shared room rate.

He is chronically ill and is unable to work. He will be applying for Adult Disability benefit soon. 

He does qualify for the daily living component on paper and hopefully will be awarded it. 

Thank you for your help. 

Spoonie_Turtle

Annie2347 said:

My son is 33 and receives half of the rent in housing element as it is less than the shared room rate.

This is the crucial point.

So at the moment you would be entitled to the one room rate and he the shared room rate as a maximum.  But as joint tenants you both would get half your total rent as it's below the max LHA for both of you.

Him receiving ADP and becoming eligible for the one bedroom rate won't change how much he actually gets in this situation.  The LHA amount is a maximum, so you get either that or your actual rent, whichever is lower.

Annie2347

Thank you so much for your reply and information.

When my son is 35 what amount in LHA would we be entitled to as joint tenants? Is it both individually entitled to the two bedroom rate or both individually entitled to the one bedroom rate? I’m confused by what the calculation is. I know we would receive half the rent amount each but I would like to know what maximum amount of rent we would jointly be entitled to. 

My son will be 35 next year and we are needing to move from our existing private tenancy as we need a ground floor due to our disabilities but can’t afford to move until my son receives more housing element.

Thank you for your help. 

Spoonie_Turtle

You will both individually be entitled to the one room rate as a maximum, for private renting.

If you were to find social housing it would be half your actual rent, no set maximum.

Do be aware the LHA changes by area, and the boundaries between areas can be surprising.  Just something to be aware of when looking for somewhere and budgeting.

Annie2347

Thank you for your help I really appreciate it. 

Annie2347

As we form a common household, would our maximum LHA award be one bedroom or two bedroom each in a joint tenancy? 

Thank you

Spoonie_Turtle

One bedroom each, as you'd each have a separate claim for housing costs.

"Joint tenancies with other people

If you have a joint private tenancy with someone who is not your partner, your housing element is based on either:

• your LHA rate

• your actual share of the rent

Your UC housing element is worked out using the lowest of these amounts."

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

(There is a bit further down that page about nondependants, but that doesn't apply to your situation as joint tenants.)

Annie2347

Thank you for your help.