Local Housing Allowance for the Severely Disabled.

WellWisher_2

Can anyone help me please? I am deemed severely disabled and currently receive Housing Benefit. I live with a resident landlord who is also my carer. I receive the middle-rate care component of DLA and my carer has chosen not to claim his entitlement for Carer's Allowance. My question is this - can I change my claim from HB to the new Local Housing Allowance (LHA) as I would be better off under the new rules? I don't really want to move out of my home as it would cause discomfort and a great deal of stress. Thank you.

elmer

I would first ask your council to check your figures and if you are correct, then you have to cancel your HB claim for 1 week (ie lose a weeks benefit) and make a new claim for LHA from the Monday following. Your council should assist you with all of this.

Good luck

Elmer x

WellWisher_2

Thank you Elmer for your quick and helpful reply. I will certainly try and explain my situation to my Local Authority and hope they are sympathetic. Incidentally, I am nearing my 60th birthday and my claim for Income Support will be ending; will this be of any help in breaking my claim I wonder? My current rent is due to be decided at the start of May and the Rent Officer last determined my rent 12 months ago. Under the old, (pre-7th April '08), Housing Benefit rules only part of my rent was paid by HB, with the remaining shortfall met by myself out of my Disability Living Allowance. As I am deemed severely disabled, under the new LHA rules I would be entitiled to receive the one-room rate which would make me better off seeing I share with my resident landlord/carer. I will let you all know how I get on. Thank you again.

Kind regards,

WellWisher.

dmg24

elmer wrote: »

I would first ask your council to check your figures and if you are correct, then you have to cancel your HB claim for 1 week (ie lose a weeks benefit) and make a new claim for LHA from the Monday following. Your council should assist you with all of this.

Good luck

Elmer x

There have been reports of LA's not allowing claimants to switch over where it is clear that they have stopped their claim for HB in order to claim the new benefit. I would double check the information before stopping your claim, just in case your LA are one of the authority's that are not allowing people to do this x

daveyboy998

Before you do anything check carefully you would be better off. If you only have one private room you would likely get the shared room rate - not the one bedroom rate.

WellWisher_2

Thank you for your replies, they are all very helpful. I have just received this reply from my Local Authority stating:

" Dear Sir/Madam,

Thank you for your e-mail. According to the information you have supplied, you receive a passported benefit, i.e. Income Support. With this being the case, you would need a break in your Income Support claim of at least 4 weeks or change address in order to come under the L.H.A. rules.

If I have more details I could undertake a comprehensive look at the case. However, if you are experiencing hardship you may wish to ask for a Discretionary Housing Payment. I can arrange for the appropriate form to be sent or for a Customer Care officer to visit you.

If you have any further queries please do not hesitate in contacting me.

Yours faithfully, Etc. "

It appears that I would need to lose one month of benefit income to be tranferred onto LHA - which does seem so unfair and unneccessary. I have my own bedroom and share the whole house with my resident landlord/carer.

Thank you once again.

WellWisher.

elmer

At my council in Scotland, we are only making claimants lose a week ( the minimum benefit period).
As it is now rolled out nationally, I would query with a decision maker at your council that they do require a months break (benefit is paid 4 weekly not monthly) especially as LHA is supposed to be applied consistently across the country.
If you get no joy, I would contact your MP with your problem, and if you PM me I will happily provide my councils guidelines for you to quote.

Elmer

daveyboy998

elmer wrote: »

At my council in Scotland, we are only making claimants lose a week ( the minimum benefit period).
Elmer

Correct - you only need to have a break in claim of at least one benefit week (Monday to Sunday) to move onto LHA. This is in benefit law and official DWP guidance. Your Council is wrong.

However, from the information you have given you would only qualify for the shared room rate - not the one bedroom self contained rate.

daveyboy998

Also noticed your Council says you need a break in your Income Support. You dont need any break in your Income Support - just your Housing Benefit.

I also fail to see what "more details" they need to have a "comprehensive look" at your case - as you already receive Housing Benefit they already have all the information they need to advise you properly.

If you want to change to LHA I suggest you contact your Council again and speak to someone who knows what they're talking about.

lil_me

daveyboy998 wrote: »

Correct - you only need to have a break in claim of at least one benefit week (Monday to Sunday) to move onto LHA. This is in benefit law and official DWP guidance. Your Council is wrong.

However, from the information you have given you would only qualify for the shared room rate - not the one bedroom self contained rate.

Q. I am severely disabled. Which LHA rate applies to me?

A. If you are severely disabled, or live with a severely disabled partner, and have no dependent children, your benefit will be based on the one bedroom Local Housing Allowance rate.

Taken directly from the LHA website.

daveyboy998

lil_me wrote: »

Taken directly from the LHA website.

Which website??

There's a lot of misinformation out there about who gets the shared room rate. Bascially right up to when LHA came in DWP dithered over this issue, and consequently theres a lot of 'old' information out there.

The most up-to date information is on the Governements shiny new 'LHA-Direct' website. www.lha-direct.therentservice.gov.uk You can work out your bedroom entitlement and check out the LHA rates nationwide on this site. Note when you go to the bedroom calculator see the links below - click the 3rd bullet point and this will explain all.

The rules regarding who gets the shared room rate and who's exempt are complicated, but basically all single under 25 year olds get it. They only get the 1 bedroom rate if they have a Severe Disability Premium, or are a care leaver under 22. However, they still need to actually occupy self contained accommodation!

Single people and couples of any age also get the shared room rate unless one of the following is true :

• They have dependents or non-dependents in the household
• They have exclusive use of 2 or more rooms suitable for living in
• They have at least 1 exclusive room, and exclusive bathroom, toilet and kitchen or cooking facilities (so not shared accommodation then!!)

All of the above is explained on the LHA-direct site

If your left in any doubt I recommend you see a Welfare Rights Advisor or Housing Help type person before you do anything. Once you move onto LHA there no going back - regardless if you end up better or worse off!