I have a tenant who is resident in HA accommodation. Since moving into the property her health has deteriorated and the HA has installed a through lift from ground floor to first floor.

A service charge to cover the maintenance cost of the lift was added to her rent and was initially paid by HB. The Local Authority then decided that this Service Charge was ineligible for HB as it is not connected to the provision of adequate accommodation for an average tenant, it is specific to that tenant's needs.

I'm not sure where to go with this, as I partially agree with the HB Section but on the other hand don't think that the "provision of adequate accommodation" rule should be specific to "normal" people.

Can anyone point me in right direction with this?

Hi,

As you have said if the service charge is for "other services which are related to the provision of adequate accommodation" then they should be eligible for HB so long as the local authority does not deem that the charge is excessive.

The DWP Housing Benefit guidance manual (A4 para 4.177) states that:

Charges for the following are eligible:
* wardens and caretakers - allow the proportion of the charge for the time they are providing eligible accommodation related services, other than those eligible under the transitional scheme
* refuse removal
* lifts
* radio and television relay
* portering
* communal telephone charges, but not for personal calls
* entry phones
* cleaning of communal areas
* childrens play areas

So, based on the above, unless the LA is deeming the service charge to be excessive (in which case it should be apportioning what is seen as reasonable and what is excessive), there doesn't seem to be any reason as to why they are now saying it is an ineligible service charge.

Have you asked the LA for written confirmation as to why they paid it originally and what has changed for them to now not pay it?

Hope this helps

John

Thank you. I have not asked the LA to confirm that but I will now!

In addition to John's observations, I noted the this phrasing:

The Local Authority then decided that this Service Charge was ineligible for HB as it is not connected to the provision of adequate accommodation for an average tenant, it is specific to that tenant's needs.

I'd argue (fairly confidently) that the test applies to the individual - not an "average tenant".

Just another midweek thought but I would be very tempted to ask the local authority for their definition of an average tenant.

Would be interested to see what they say so I can keep an eye out for the average tenant as in my experience there is no such thing!

Reminds me of CH/2554/2002 in which Cmmr Jacobs attempted to grapple with the term "...ordinary reasonable person...." (para 12 onwards).