SDP and LHA rate

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  • #34328
    Julian Hobson
    Participant

    What LHA rate applies in the folowing cases.

    2 claimants living in a three bed property, sharing bathrom and kitchen. Both claimants have severe learning disabilities and require 24/7 support.

    Support provided by Social Services through live in carer NOT provided by on behalf of L/L (I don’t think this is exempt accom).

    L/L is ordinary (or extraordinary possibly) private L/L. Tenancy agreements = 6 months assured shortholds.

    Both customers receive High Rate care element of DLA.

    My thoughts are that its the one bed (not shared) accomodation rate because both would get the SDP.

    Any other thoughts ?

    #96423
    Andrew Plant
    Participant

    Sorry late in the day and no time for full answer, but I would agree with you the self contained rate for both.

    Is it HD reg 13D (2) (a) (ii) that gives the grounds?

    #96424
    Julian Hobson
    Participant

    Thanks Andrew – I’m working on the presumption that neither reg 13D(2)(a) (i) or (ii) apply because of the SDP

    BUT

    It looks like 13D(2)(b) doesn’t apply either because of the exclusive use clause.

    That leaves us with 13D(2)(c) which simply says the number of bedrooms. In this case 1.

    There isn’t a 1 bedroom rate that stands alone, there are only those rates determined by referrence to the 2 regs above that I’ve discounted. That worries me !!!!!

    #96425
    Andrew Plant
    Participant

    Hmmmm not sure I could give you an answer now after looking closer, seems a bit odd.

    I thought 13 D (c) would catch it but as you say the only references to one bedroom properties are at 13D (a) (b) which matches the LHA determinations that the RO must make as per Sched 3B of the amended Rent Officers Order, and they do not fit.

    Something else I thought I had got but have not. Seems to happen more and more these days. 😳

    #96426
    Julian Hobson
    Participant

    This is what it says in the DWP’s LHA FAQ’s

    [i:b84528d2da]Q. Will there be any flexibility in LHA to reflect the needs of customers with disabilities?
    A. We appreciate that disabled customers can be limited in the type of property that they can rent because they may require a more expensive home without stairs or closer to local facilities. They may also need larger property for specialist equipment. Single disabled customers, under 25 and in receipt of Severe Disability Premium, will qualify for a higher rate of LHA rather than the shared accommodation bedroom rate. However, other disabled customers will not be entitled to a higher rate and we feel, rather than adjusting the LHA rate for all people with disabilities, local authorities will be able to continue to use discretionary housing payments, to ensure that these customers can find decent accommodation that meets their needs.[/i:b84528d2da]

    What does that mean ?????????

    #96427
    markp
    Participant

    In a nutshell I take it to read “we’re not changing the LHA levels for a minority so use your DHP budget”

    However, how much longer before that’s cut?

    Do I know what I'm doing? The jury's out on that........................

    #96428
    Andrew Plant
    Participant

    Still do not get it. It seems there is a paragraph missing in 13D (2) (b).

    The only way I can make some sense out of if it is that they definately do not attract the shared rate as 13D (2) (a) specifically says that, they would not be entitled to the two bedroomed rate or higher, so the only other rate is the self contained rate ….. I know there is an “and” in (i) and an “or” between (i) and (ii) of 13D (2) (b) but a rate has to apply , and,

    dare I say it the DWP intention is to allow the self-contained rate. It is covered in the amended guide @ 2.52 and seems to point to 13D (2) as the basis. 🙂

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