Housing 21 is a national HA and the vast majority of our properties are rented but we have a small number of properties which are leasehold and the assessment of Housing Costs for Pension Credit is causing us a huge headache.

Our leasehold properties are spread all over the country so residents have different Pension Centres dealing with their claims. We are gatting different decisions on which of the items of the service charge can be allowed.

I have tried to get a definitive answer from the DWP policy section as to which of the charges should be met, yet despite giving a very specific list and reiterating that all the residents are required to pay the charges as a condition of their occupation of the property they will not commit and say the decision rests with the individual DM's!

Having spoken to a DM on the Housing Costs section at Norwich PC I am not reassured by this. She did not think that window cleaning of exterior and communal areas should be included as it should be considered a support charge! We know this is not the case as it is a charge that all the LA's we deal with allow it for HB purposes.

Our support charges are clearly set out and have been accepted by the
LA's so there should be no problem with these (26% of resident manager costs and all alarm charges) or all the items that are normally allowed on HB claims.

What we need is advice on which of the charges that are specific to owner occupiers of leasehold properties - Management charges (not resident manager costs), Random repairs, Major repairs and Communal decorations - should be allowed as an 'extra amount' in addition to the ones always allowed on an HB claim.

Help please...........

No specific info but interested in any further postings on this. We took the view that none of the services provided in our private schemes constituted support services so all contracted services should be eligible for pension credit. However I know anecdotally that different pensions credit decisions get taken on this and unfortunately "private" residents tend to be "private" re their benefits so its difficult to know what's really going on.

See the commentary to para'17 of schedule 3 of the Income Support Gen' Regs for a good discussion (with good case law references) on service charges for leaseholders.

Regards
Paul

I have since briefed my Managers in Private Resident Housing and advised that where residents apply for Pension Credit and then find that part of the service charge is excluded from the Pension Credit assessment we should appeal. If anything definite ever comes up, will make an appropriate posting.