LHA – Rent increase

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    I am currently dealing with an appeal regarding the level of HB awarded.

    First contact date was 18 Apr 08 with DWP. LA input doc received by the authority on 05 May 08. Claimant indicated on this that he was charged £600.00 per month rent.

    Once tenancy agreements received it transpires that his rent increased on 01 May 08. However, prior to this date his rent was £500.00 per month, and this is the rent level we have used.

    The LHA rate for his requirements is £220.00 per week. We are currently paying £130.38 (including the extra £15.00), but he is obviously appealing because of the rent increase.

    We were aware of the rent level before a decision was made. Were we correct to base entitlement on monthly rent of £500.00? This seems a little unfair for the sake of 12 days that he has lost out by £23.00 per week.

    Any help/advice would be greatly appreciated.

    Ozzies Mate

    Theoretically, if you claimant was prepared to forego his entitlement from date of first contact & only wish to claim from 1/5/08 then you could base it on £600 rent & have treated as an advanced claim. That would only be if your claimant had provided adequate confirmation that this was/is their intention.

    Gives them the decision to make but also a way to consider the rent increase


    A non-dep moving in for a week or so would solve the problem?

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