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The Mendip one says that, the Rossendale one doesn't.
More significantly, the new Rent Office LHA Direct site
(https://lha-direct.therentservice.gov.uk/Secure/FAQ.aspx#SingleUnder25)
says this:
Q. I am a care leaver under 22. Which LHA rate applies to me?
A. If you are a care leaver under 22, or live with a care leaver under 22 who is your partner, and have no dependent children your benefit will be based on the one bedroom Local Housing Allowance rate.
By care leaver we mean someone who was in council care after the age of 15. For more information about what we mean by care leavers, please get in touch with us at the address below.
The actual rates are displayed in the Local Housing Allowance Rates section of LHA-Direct. For more information, please get in touch with the Local Authority where you want to live
which suggests I am wrong.
So here are the revised LHA bands the RO is obliged to determine each month:
Categories of dwelling
1.—(1) The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2A)(a)(i) are—
(a) a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of—
(i) a kitchen;
(ii) a bathroom;
(iii) a toilet; or
(iv) a room suitable for living in;
(b) a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in;
(c) a dwelling where the tenant has the use of only two bedrooms;
(d) a dwelling where the tenant has the use of only three bedrooms;
(e) a dwelling where the tenant has the use of only four bedrooms;
(f) a dwelling where the tenant has the use of only five bedrooms.
Question is whether a care leaver qualifies under (a) or (b). RO has no role in individual cases under LHA so it will be for the LA to decide.
The LA decides a maximum rent (LHA) according to the rules in the new Reg.13D, HB Regs. Para.(2) gives the substantive rule:
(2) The category of dwelling which applies is—
(a) the category specified in paragraph 1(1)(a) of Schedule 3B to the Rent Officers Order
(one bedroom shared accommodation) where—
(i) the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 3 (severe disability premium) does not apply; or
(ii) paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 3 (severe disability premium) applies, or to whom the circumstances in any of paragraphs (b) to (f) of
the definition of young individual applies (certain care leavers);
(b) except where paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self-contained accommodation)where that applies in the claimant’s case at the relevant date in accordance with the
size criteria and—
(i) the claimant (together with his partner where he has one) has the exclusive use of
two or more rooms; or
(ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,
and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;
(c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraph (3).
Breaking that down:
- the LHA rate for one bedroon shared accommodation applies if theb claimant is a 'young individual' with no non-deps and no SDP. Care leavers are excluded from the definition of 'young individual' until 22 (para.2(a)(1))
- the one bedroon shared accommodation rate also applies when the claimant does not in fact have 2 rooms or 1 room + bathroom, toilet and cooking facilities. This appears to apply to any age of claimant. BUT this doesn't apply when SDP is in payment OR to care leavers. as defined. (para.2(a)(ii)
- the one bedroom self contained rate then applies when the claimant occupies such accommodation
- otherwise the rent for accommodation with appropriate numbers of bedroms applies.
It's messy. On a literal reading the LHA for care leavers is undefined - they don't get the one bedroon shared accommodation rate because they are explicitly excluded, and they don't get the one bedroom self contained rate because they don't occupy the right sort of accommodation. They are entitled to a one bedroom rate, but which?
I think the only reasonable reading though is that sub.para.2(a)(ii) above which excludes care leavers from the one bedroon shared accommodation rate, must be taken to disapply sub paras (i) and (ii) from para.(b) for care leavers and allow the one bedroom self contained rate to be paid.
So, Brian was right and I was wrong, I think. Sorry it's not very definite but the regulations are poorly worded and I've no time to look further into it today. Any other views welciome.
Richard Atkinson
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