Which LHA rate

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  • #34728
    djones
    Participant

    A couple have seperated but remain in the same property and they are joint tenants.
    One needs to claim HB and receives Child Benefit for the 3 children, they have a four room rate if they lived in the property without the other joint tenant. Should the rent be apportioned, or should the claimant have their HB assessed on the full rent charge and assessed against a 4 bed rate?

    #97578
    peterdelamothe
    Keymaster

    The rent has to be aportioned; otherwise the State is paying the rent for one of the former couple without them making a claim. It is for you to use your discretion in deciding the level of that aportionment – 80% – 20%, 70% – 30% for instance. That is your judgement call.

    You would award your claimant the normal number of bedrooms in the usual way and then compare for the purposes of the excess etc.

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