Boarders and Landlord Direct Payments

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  • #34187
    Debbie_Perry
    Participant

    Where the Rent Service have decided that a board/lodge case falls outside the LHA shceme and provides a determination does the claimant have the right to choose Landlord Direct Payments of HB?

    #95772
    Anonymous
    Guest

    As I understand it, the above case would not be LHA, and would be assessed under old scheme (ODRT) rules – therefore the claimant retains the right to choose who they would like any HB paid to 8)

    #95773
    Debbie_Perry
    Participant

    That’s my interpretation too, thanks.

    #49673
    Anonymous
    Guest

    My view is that the payment to claimant element of LHA still applies to LHA boarders. Othewise why would they be classed as ‘LHA’ boarder? LHA boarders are not ‘EXEMPT’ from the LHA scheme. It is only cases such as mobile homes and houseboats that are ‘exempt’ from the LHA scheme and fall under the normal de-reg new scheme claims.

    #95774
    Anonymous
    Guest

    So do boarders Donna – they are part of the same group of miscellaneous oddities as caravans and boats listed in Reg 13C(5) – all the rent allowance cases in which a maximum rent is not set under Reg 13D. The new bits of Reg 96 only apply where the rent has been set under Reg 13D, so for board and lodge cases the rules on payment to a landlord are unchanged from pre-LHA.

    #95775
    Anonymous
    Guest

    Peter, it appears the regulations do make it clear that Boarders are excluded from the payment to claimant element of the LHA scheme. Thanks for the providing the reg details. However the guidance provided (such as Zebedee, Ward and Lister book) appears to contradict this?

    #95776
    Anonymous
    Guest

    Guidance is only guidance and opinion.
    The regs are the law – it would not be the first time that guidance has been at odds with the regs. 8)

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