Reply To: Benefit on 2 Homes under LHA

#94626
cbuck
Participant

I have been spending perhaps an unhealthy amount of time thinking about this issue. There is potential that the way the 2-homes provision works could lead to the £15 excess being paid twice.

Looking at the way 2-homes works for existing HB cases as a guide, maximum rent is calculated for both properties by reference to the individual RO decisions. We don’t, for example, ask for a valuation of the combined rent. These amounts are aggregated and become the eligible rent in reg 12(3) and then taken forward to reg 70.

Reg 80(10) tells us that this is the correct way to work out eligible rents for two homes cases. This has been renumbered in the April 08 version of reg 80 so will be 80(9), but the wording remains the same.

So you work out maximum rent (LHA) for address 1, work out maximum rent (LHA) for address 2, add them both together and plug it into the means test. This may well mean two lots of £15 – score!!!

Now I’ve got that off my chest I also think that a non-LHA case moving address from April and qualifying for 2 homes payment will have maximum rent at the old address calculated under LHA rules for those (up to) 4 weeks. Is this blindingly obvious, or clearly wrong?