care leaver/LHA rate

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  • #34795
    Anonymous
    Inactive

    Hi guys 😀

    We have a 19 year old care leaver, and as such he is entitled to the 1 bedroom rate of LHA (£126.92 here in Brentwood)

    However, he has decided to now rent a room in a shared house – normal rules state as he has only 1 bedroom with shared facilities he should only have the 1 bedroom shared rate (£77.50 here in Brentwood)

    So, as he is a care leaver, is he completely exempt from the normal LHA rules and can have the 1 bedroom rate instead of the 1 bedroom shared rate? Or do we treat him as normal and only award the 1 bedroom shared rate?

    Any help greatly appreciated!!

    Thanks. x

    #97774
    andyrichards
    Participant

    He gets the one-bedroom rate.

    #97775
    Anonymous
    Inactive

    Thanks Andy, is there a particular reg that you are getting this from? We have read and re read them and just cant get the answer from them? Maybe we are looking at the wrong ones?

    #97776
    mw2014
    Participant

    There are a couple of previous postings that refer to this issue, and the conclusion has been as above.

    [url]http://hbinfo.org/forum/viewtopic.php?t=20602[/url]
    [url]http://hbinfo.org/forum/viewtopic.php?t=19189[/url]

    Zebedee also seems unequivocal, and the DWP LHA manual also concurs at para 2.40:
    [quote:1deedaa679]They will be entitled to the one-bedroom rate of LHA regardless of the size of accommodation (refer to notes below).[/quote:1deedaa679]
    However, having spent a little time looking at how regulation 13D (2) is constructed, I have come to the conclusion that the number of rooms used exclusively is relevant, and the shared rate is the one that ought to apply.

    Breaking down the regulation, a(i) requires that all Young Individuals (as defined, and by definition excluding Care Leavers) who have no non-dependant or SDP entitlement receive the shared rate.

    Now the difficult bit: a(ii) requires it also to apply to those who do not have exclusive use of sufficient rooms as provided for in b (and thereby the entitlement to the one bed self-contained rate), and
    there is no SDP entitlement or the claimant is a Young Individual, but for the defined exceptions provided for Care Leavers.

    The initial words at b except those falling under a(i) from receiving the higher rate, even if they have exclusive use of sufficient rooms, but not Care Leavers or anyone else.

    There is a single comma that causes me to hesitate slightly, but I cannot see any other purpose for the final portion of a(ii) other than to prevent the anomaly that would otherwise exist.

    #97777
    Anonymous
    Guest

    This is how I see Reg 13D(2)(a)(ii), broken down into nested bits like an Excel IF formula:

    IF[color=indigo:11178abf92][b:11178abf92]([/b:11178abf92][/color:11178abf92]and[color=darkred:11178abf92][b:11178abf92]([/b:11178abf92][/color:11178abf92]paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case,neither the claimant nor his partner where he has one is a person [color=green:11178abf92][b:11178abf92]([/b:11178abf92][/color:11178abf92]to whom paragraph 14 of Schedule 3 applies[color=green:11178abf92][b:11178abf92])[/b:11178abf92][/color:11178abf92], or [color=cyan:11178abf92][b:11178abf92]([/b:11178abf92][/color:11178abf92]to whom the circumstances in any of paragraphs (b) to (f) of the definition of young individual applies[b:11178abf92][color=cyan:11178abf92])[/color:11178abf92][/b:11178abf92][color=darkred:11178abf92][b:11178abf92])[/b:11178abf92][/color:11178abf92],award shared rate, award one-bedroom rate[color=indigo:11178abf92][b:11178abf92])[/b:11178abf92][/color:11178abf92] (edited to sort me brackets out a bit)

    Or, using emphasis and indentation to make the same point:

    Shared rate applies if:-
    [b:11178abf92]CONDITION 1[/b:11178abf92]
    – paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case, [b:11178abf92]and[/b:11178abf92]

    [b:11178abf92]CONDITION 2[/b:11178abf92]- neither the claimant nor his partner (where he has one) is a person:
    [i:11178abf92]subcondition 2a[/i:11178abf92] — to whom paragraph 14 of Schedule 3 (severe disability premium) applies, or
    [i:11178abf92]subcondition 2b[/i:11178abf92] — to whom the circumstances in any of paragraphs (b) to (f) of the definition of young individual applies (certain care leavers)

    In short, I make it the self-contained one-bed rate

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