Local Housing Allowance, change in the category of dwelling

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  • #39451
    Anonymous
    Guest

    I have a claim where the claimant was renting 2 rooms and shared facilities (rent £245 per week) and was awarded the LHA 1 bedroom rate. In August last year his rent was reduced to £100 per week because he then only rented one room with shared facilities.
    I read the HB regs 13C and 13D as saying that his maximum LHA rate should be re-calculated from August to reflect the change in the category of dwelling and only award the shared rate of LHA.
    However, our computer system is only re-calculating to the shared rate from the next anniversary date of December 2010. I am questioning whether I have interpreted the regulations correctly or not.
    Has anyone seen a similar instance – have I completely misunderstood the regs?

    #112201
    Andreas
    Participant

    If I understand your post correctly yes, shared rate from August because of decrease in Category of Dwelling.

    Was a new LHA rate set up from the date the claimant ceased to qualify for the 1-room rate? It sounds like it hasn’t been because the Anniversary Date should be August?

    I.e. claim started December 09 – 1-room rate due to exclusive use (Anniversary Date December 10). August 10 no longer exclusive use therefore shared rate from August 10; new LHA rate set (Anniversary Date now August 11).

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