UC Housing Costs Element for private sector tenancy since 2002

Client is lone parent of 12yo child who is appealing a reduction in DLA from HRC to LRC. Prior to the reduction clt claimed Carers Allowance with Income Support top-up + Housing Benefit for 3 bed private rented at rent of £650 pcm on a continuous tenancy in Sheffield BRMA since 2002. - full rent was covered by HB (even though it increased to £650 in that time.).

As CA and IS stopped when DLA reduced Clt claimed UC with Housing Costs Element and eligible rent has been set at £529 pcm (i.e. for 2 bed).

Can client claim full rent under UC or is DHP her only recourse?

I cannot find specific regulations for UC or CPAG Handbook but I have found the following   from a CPAG Welfare Rights Bulletin from Feb 2008 “The Government’s intention is that, if a claimant’s HB was being restricted under any of the rules that applied before 7 April 2008, it will continue to be restricted under the same rules, until there is a break in her/his claim or s/he moves to a new home while entitled to HB. From that point, HB will be restricted under whichever rules then apply”

HB has several different methods for calculating the eligible rent of private tenants, depending on what kind of accommodation they occupy and when their HB started.  Most areas switched from individual Rent Officer determinations to LHA from 2008, with existing claimants remaining under the individual valuation regime.

UC has none of that.  All private tenants are subject to LHA in UC.

That might be a red herring though.  You normally find that the individual RO valuation and LHA rate aren’t that much different and I think the problem here is that - irrespective of the regime under which the rent has been determined - the claimant only needs 2 bedrooms.  I suspect that a third bedroom was allowed for an overnight carer when the child got high rate DLA(c), and if the DLA appeal succeeds in at least getting it up to middle rate then the third bedroom would once more apply.

Meanwhile, the Sheffield 2B LHA rate is increasing to £619.98 in a few weeks, which will help a bit.