Local Housing Allowance

Local Housing Allowance rates

Size criteria

The LHA that is used to work out your benefit will depend on how many people are in your household.

Allow one bedroom for

• every adult couple (married or unmarried)
• any other adult aged 16 or over
• any two children, of the same sex, aged under 16
• any two children, regardless of sex, aged under 10
• any other child (other than a child whose main home is elsewhere)
• a non-resident overnight carer
• a foster child or children living with an approved foster carer
• adult children who are in the armed forces but who continue to live with parents, will be treated as continuing to live at home, when deployed on operations
• disabled child who cannot share a bedroom

Subject to a maximum allowance of 4 bedrooms from April 2011.

The number of living rooms, kitchen and bathrooms is ignored for the purpose of this calculation, as it is assumed that all tenants are entitled to these.

Single people under 35

People who are single and under 35 are classed as 'young individuals' and are only entitled to a shared room rate of LHA.

A young individual is classed as someone who is under 35 and:

• is not a member of a couple,
• is not a lone parent,
• is not entitled to the Severe Disability Premium within the LHA calculation,
• is not under the age of 22 and subject to a care order,
• has no non-dependants in their household
• does not require an additional room for a non-resident carer
• is not an ex-offender under MAPPA
• has not spent 3 months+ in a homeless hostel, or more than one hostel, specialising in rehabilitating and resettling into the community.

Single people 35 and over, and childless couples

Single claimants 35 and over and childless couples will qualify for the one bedroom rate but only if they actually rent a one bedroom property or rent one room with self contained bathroom and toilet facilities, for example, studio flat.

If they decide to rent a shared property, they will qualify for the shared room rate of Local Housing Allowance.

A shared property is one where a person has shared use of a bathroom/toilet and or kitchen.

You can obtain further details by visiting the online bedroom calculator.

Vulnerability

In order to protect vulnerable customers, we will use our discretion in deciding whether Housing Benefit should be paid to the landlord as opposed to the customer. The following criteria will be considered when deciding to whom benefit should be paid.

Aims and objectives

• Protection for the most vulnerable customers, providing reassurance that their rent will be paid.
• To help prevent rent arrears and customers being put at risk of eviction.
• To reassure landlords that rent charged will be paid if they have vulnerable customers or are approached by vulnerable customers.
• To help put customers in touch with other agencies/support groups where they are given the support to manage their own affairs.
• To ensure council officials make fair, responsible and consistent decisions.
• To promote and publicize a process which is widely understood.
• To treat each case independently and on its own merits.

Procedure

The customer or customers' representative makes us aware that they would prefer their LHA to be paid to the landlord. The request needs to be supported with written evidence from a third party. Information and evidence will be considered from, amongst others:

• Social services
• DWP
• Reputable financial institutions
• Courts
• Support or advisory services, for example, Citizens Advice Bureau (CAB)
• Doctor

Evidence from a landlord cannot be accepted alone.

Making a decision

The manager of the Housing Benefits service will make the decision on each case. The decision will be made on the basis of having regard to all of the available facts. In all cases one of two decisions will be made:

1. The customer is vulnerable and payment of LHA will be made to the landlord, or
2. The customer is not vulnerable and payment of LHA will be made to the customer.

Notifying affected parties

The customer and/or their representative will be written to and advised of the following:

• The decision and reasons for it.
• If and when the decision will be reviewed.
• Appeal rights.
• Advice agencies, voluntary or statutory organisations which will be able to help.
• Contact details for the CAB money advice service if they do not have a bank account.

The landlord will also be written to and advised:

• If the tenant has been found vulnerable and we will pay them, the landlord, LHA up to the contractual rent.
• If and when the decision will be reviewed.
• Request bank details if not previously received.
• If the tenant has been found not to be vulnerable, the landlords' appeal right against this decision.