Local Housing Allowance - April 2011

Hello,

I went to the Bristol NAWRA two weeks ago and had the good fortune to attend the excellent workshop on LHA.  One of the many issues addressed at the workshop was the additional room allowance for a possible “carer” to stay.

Quite by chance I have a client who currently occupies a 2 bedroom flat.  As he is living alone he only gets LHA for a one bedroom property.  This falls short of the actual rent and he has to pay the £3 shortfall each week which he is okay with.  However, scuttlebut has it that in April LHA will reduce by in the region of 10%.  This will mean that my client will have an additional contributution to make to his rent of in the region of £10 a week.  This he will find difficult.

I am aware of the Discretionary Housing Payment possibilities but I’m considering making an application to have my client’s LHA to be payable for a two bedrooom property, thus the likelyhood is that this will meet all of the rent rerquirements and leave no shortfall to cover.  He is getting MR Care comp to DLA and friends and family members do stay from time to time when the symptoms of his condition become less manageble.

I’m thinking that to do this I will write a letter to the council making a simple request.  However, will I need to do this after the changes come into place in April or can I make the application now?  Or indeed, have I completely misunderstood the situation and that no such possibility exists?

Thank you.

Patrick

It may be worth looking at the guidance in HB Circular A3/2011.  At part 11 it states

The change will apply to all HB customers who rent their property in the Private Rented Sector who fall within the qualifying definition from 1 April 2011. For existing customers there is no time limit on the period for which arrears can be awarded provided that the qualifying conditions are met, but the changes cannot be applied before 1 April 2011 because they are not retrospective. This means that customers who are in receipt of benefit and meet the conditions before 1 April 2011 will be entitled to arrears of benefit from 1 April, even if their award is not superseded until a later date. The change is effective from 1 April, rather than the following Monday, because it is covered by the provision in HB Regulation 79(3)(b) concerning amendments to the regulations.

Rightsnet and its contributors come up trumps again, as always.

Thank you.

Patrick.

Hoorah!! - success.  The L/A are now treating my client as entitled to LHA for a 2 bedroomed flat.  I am advised this was, at least in some small part anyway, assisted by my submission (I can pop it on this site if anyone’s interested?)

Thank you for your help all.

Patrick

Hello,

Here it is. I hope you find it useful and please feel free to amend in any way you feel appropriate.

Thank you.

Patrick

FAO Local Housing Allowance Department
Etc.

June 2011

To whom it may concern,

Mr. A. N. Other———————-————————————-—-
NINO:—/—/—/—/- Date of birth:—/—/——LHA reference:————————-

Room for carer with regard to Local Housing Allowance (LHA)

I provide for your attention written authority for me to act for Mr. A.N. in this matter.

Mr. A.N. has provided me with a copy of the letter dated—/—/2011 you sent to him with regard to his application for additional LHA for a bedroom for a carer. In that letter you ask if it will be possible for our service to provide evidence that they provide regular care and stay overnight. It is with this in mind that I provide the following information for your attention about Mr. A.N’s application for additional LHA:

Having had access to Housing/Council Tax Benefit Circular A3/2011 (Revised) I am aware that the questions you pose are those suggested at paragraph 30 of that circular. I should make you aware that our service does not provide any formal overnight care to Mr. A.N. This, however, should not present a barrier to a successful application for additional LHA.

I draw your attention to paragraph 34 of the same circular as authority for satisfaction of the requirements. At paragraph 34 your’, and similar organisations, are invited to use their discretion in considering the informality of the arrangements for care. I should at this stage make comment on what I consider to be the aim in view, or spirit of the legislation in this regard. Its very existence would appear to be recognition that there are those in the community who, from time to time, require the presence of another person so as to protect the disabled person from the vulnerabilities occasioned by their disability. In recognising such a scenario, the Government offer assistance for a carer to be on hand if, and when required to be so, by the realisation that there will need to be a room to sleep in overnight. Where, however, the guidance in the circular falls to be inadequate is its apparent failure to make allowance for disabilities such as, for example, mental illness and the variability and chaotic life styles that can be present. Even though a person might require care overnight, the nature of mental illness can mean that one day a person will be able to cope perfectly well and the next day, and without any kind of warning he or she will require the care that is at issue. In such, or similar circumstances, a decision maker may feel that the letter of the law as understood and described in the circular may not be satisfied as the care may not appear to be “regular”. Nonetheless, the spirit, or aim in view of the provision may well be satisfied; thus making nonsense of some of the guidance within the circular.

In light of this, one can only support the premise that the need for such care, even though informal in nature, would allow the provision of extra LHA for an extra room. We would respectfully suggest that he would be entitled to rely on the support of this provision and that his request for additional LHA be successful. Should, however, you decide otherwise, the consequences will be that Mr. A.N. will no longer be able to afford to meet the housing benefit shortfall and his consequential increased rent obligation. His continued stay in his current accommodation will, therefore, be severely threatened and the opportunity for care provision at night time when needed will be removed with potentially dire consequences.

Yours,