Reply To: Appeal – Strange situation!

Kevin D

[quote:bb24e2615c]The tenant has a 2 year old child, does this mean that we cannot restrict the rent to the ROD figure as she is in a vulnerable group? [/quote:bb24e2615c]

The following assumes this is, in any case, “exempt accommodation” (is care, support or supervision being provided by, or on behalf of the L/L?). If not, LHA applies.

Falling within a “vulnerable group” does not necessarily mean a restriction cannot be made. The LA must FIRST decide whether or not the rent is “unreasonably high” by comparison with the cost of suitable alternative accommodation (SAA) elsewhere (or by comparison with the ROD).

If it is, a restriction MUST be applied UNLESS…… and one of those “unlesses” is where someone falls within a vulnerable group AND SAA is not [u:bb24e2615c]available[/u:bb24e2615c] to the clmt.

As suggested on another thread earlier, the commentary in the CPAG to “old” reg 13 is helpful as a starting point.