Reply To: LHA rent protection – previously on UC

Peter Barker

I’m not sure I agree.

If this is an LHA case, you need to look at Reg 12D(3) of the HB(SPC) Regs 2006. This says that the eligible rent for the next 12 months is the eligible rent that applied on the day before the death or, if there was no eligible rent on the day before the death, the full rent.

I think the point here is that there was no eligible rent because there was no HB award. There was a UC housing element based on the LHA, but that’s not what Reg 12D(3) says. The term “eligible rent” is only used in the HB Regulations.

I therefore vote for the full rent being protected.