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Second opinion needed re correct rate of LHA
My client, aged over 35, is a joint tenant of a two bedroom property with her adult daughter. They keep a common household.
I consider that the correct maximum HB is 50% of the LHA 2 bedroom rate, by virtue of Reg 13D(3)and (12):
Reg 13D(3)
“the claimant shall be entitled to one bedroom for each of the
following categories of *occupier*
...
(b) a person who is not a child
...
Reg 13D(12)
in this regulation… “occupiers” means the persons who…occupy
the dwelling to which the claim…relates except for any joint tenant
who is *not* a member of the claimant’s *household*.
Therefore I take the number of occupiers as being two. I take “household” (not defined in this reg or in reg 2) to include non-dependants or joint tenants - not to be be restricted to the claimant/their partner/dependant children or young persons.
Our LA disagrees and maintains that the single room rate is appropriate.
Who is correct - me of the LA?
The LHAGM says the following. 2.100 seems to fit your case. The other question is how many rooms they have exclusive use of?
Joint tenants
2.090 The LHA rate applicable to a joint tenant will be based on the number of people in their household subject to the maximum allowance of four bedrooms.
Example 1
Ali and Mustafa are joint tenants of a two bedroom property. They share a kitchen and bathroom.
Under the size criteria they are each allowed the shared accommodation rate.
Example 2
Sarah and Rachel are joint tenants of a three bedroom property. They share facilities. Susan, who is Sarah’s sister, lives with them but is not a joint tenant.
Susan is treated as Sarah’s non-dependant so Sarah is allowed the two bedroom LHA rate. Rachel is allowed the shared accommodation rate.
2.091-2.099
Joint tenants within the same household
2.100 In some cases joint tenants may be part of the same household but are not treated as members of the same family. For example, the customer may have a non-dependent son or daughter who is a joint tenant but they maintain a common household.
Example
Lee has a partner and two children aged under 10. He is a joint tenant with his mother but they form a single household. They pay £150 a week to rent a three bedroom house and they both claim Housing Benefit (HB).
Under the size criteria the three bedroom LHA rate applies to both Lee and his mother because they form a single household.
Thanks to the above two posters - you’ve confirmed my opinion. I will press on with an appeal asserting that the correct LHA is the two bed rate, and that the HB should be based upon an apportioned 50% of that rate.