5 bed room LHA query

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  • #38653
    Lis
    Participant

    Please can you clarify the following case.

    Our customer receives £198.46 per week on a 5 bedroom rate (Rent £183.46 + £15). Pre-April 2011. Anniversary date March 2011.

    Her 18 year old daughter moves out.

    She now only qualifies for a 4 bedroom, however on the new rules she would only qualified for a 4 bedroom (maximum rate) with her daughter in the property, so is there really a change in room catergory.

    Therefore does this change come under Transitional protection will not apply to customers who become entitled to a smaller category of property in between 1 April 2011 and their anniversary date.

    If there is no protection, her benefit will go down to £160.38 per week. If there is protection to the rent level of £183.46.

    Thank you

    Lisa

    #109132
    Andreas
    Participant

    Not really sure what you are asking… I’ve tried to cover all the bases 🙂

    As the Anniversary Date was pre-April 11 the 5-bed rate counts so there is a change in the Category of Dwelling when the non-dep moves out (assuming the claimant isn’t still entitled to the 5-bed rate following the move and the move occurred after April).

    If the claimant is now only entitled to the 4-bed rate (due to a reduction in the Category of Dwelling after April) there is no TP and the rate that applies (based on the month of the move) will do so for 12 months.

    If the non-dep had not moved out the claimant would have been entitled to a 5-bed rate next March (2012) – but that would have been capped at the 4-bed maximum – though the claimant is likely to have qualified for 9 months TP.

    If the non-dep moved out before April 11 they would get 12 months on the ‘median’ 4-bed rate and could then qualify for TP if the ’30th %ile’ 4-bed rate is lower.

    Hope this hasn’t confused you :X

    #109133
    Lis
    Participant

    Thank you

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