LHA and 13 week protection

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  • #39631
    zoe22
    Participant

    We have a case where the rent charge is £83 per week which includes ineligible services amounting to £25 per week. LHA rate is the shared room rate of £63.50. What’s the eligible rent figure we should use for to apply the 13 week protection?
    It doesn’t seem right to pay the full £83 when £25 is ineligible but I can’t find anything to that states it shouldn’t be included.

    #112838
    Anonymous
    Guest

    You will find the answer in Reg 12D(5)(a) and yes you do take off ineligible servcie charges calculated in the normal way.

    #112841
    zoe22
    Participant

    Thank you. I’ve looked up that reg and just want to check I’ve read it correctly. So for the 13 week protection we should use the maximum rent of £58 (£83-£25) and then when the 13 weeks expire we should use the LHA rate of £63.50?

    #112863
    Julian Hobson
    Participant

    No zoe – the 13 week protection figure is £63.50 because 12D(5)(b) applies. so in your case the 13 weeks is paid at the same rate as the peruiod following the 13 weeks. 12D(5)(b) stops the situation you have described from happening.

    #122885
    julietay
    Participant

    I have an LHA case where the rent is £825 per calendar month including £10.00 per month for water and £40.00 for electric. 13 week protection applies. Do I use these amounts set by the landlord or the standard LA ineligible service amounts when making the dedcution for the 13 week period.

    thanks

    #122886
    Julian Hobson
    Participant

    What is the LHA rate

    #122887
    julietay
    Participant

    £500.00 pcm

    #122891
    Julian Hobson
    Participant

    If you are happy with the water charge of £10, then £10. If you are happy with £40 (seems low) then knock £40 off, otherwise you knock the standard charges in schedule 1 added together.

    In your case the result will be more than the LHA and so that figure will apply for the 13 weeks.

    #122894
    julietay
    Participant

    ok thanks

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