Reply To: More than 5 bedrooms


There are two situations where the main HB Regs provide for the LA to apply for an [i:77e3033be0]ad hoc[/i:77e3033be0] >5 LHA.

You have Reg 13D(8), which Richard discusses above, where there is a sort of pseudo-PTD and as Richard says it doesn’t seem to take any account of the size criteria, it seems to fire when the claimant has in mind a specific property with more than 5 beds – whether s/he needs more than 5 beds or not.

But Reg 13D(7) applies when the claimant has already moved in and appears to need more than 5 beds – if there doesn’t happen to be a >5 LHA already, the LA must ask for one. In this case, the size criteria dictate whethger the >5 LHA should be applied for – it does not matter whether the property has more than five beds in real life.

I originally read the amendments to the RO order as being intended to dovetail with the above provisions: in any month where the LA has made an application under either of the above provisions, the RO will set a >5 LHA, otherwise there is no need to bother. However, I think the drafting allows the RO to be more proactive and set a >5 LHA on his/her own initiative if s/he thinks it might come in handy. This is because the RO order as amended contains a specific requirement to set a >5 LHA when the LA aplies under Reg 13D(7) or (8) [b:77e3033be0]and[/b:77e3033be0] a general power to set a >5 LHA if the mood takes him/her.