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Additional groups now Exempt from SAR of LHA - same rules?

R2D2
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Welfare rights - Financial Inclusion and Advice Service, Suffolk County Council

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Total Posts: 21

Joined: 22 June 2010

Hello,

From the 1st October 2022 people who have experienced Domestic Violence or Modern Day Slavery are now ‘Exempt’ from the Share Room Rate of the Local Housing Allowance. This is in addition to Care Leavers and individuals who have resided in a Hostel and received move on support.

I have been made aware of the guidance A6/2022, linked below, which in the final question states that individuals who are in receipt of HB and living in Shared Accommodation would not receive the 1 Bedroom rate but the Shared Room Rate. Have I miss understand ‘Exempt’.

https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2022/a62022-the-housing-benefit-and-universal-credit-victims-of-domestic-abuse-and-victims-of-modern-slavery-amendment-regulations-2022

This seems to go against the legislation and the Exemption for Care Leavers, as this does not matter on the size of the accommodation, the exemption exists.

Has anyone any experience of this or able to clarify, reading the legislation there does not appear to be any changes so it could be that guidance is contradictory

Any thoughts on this gratefully received. I have contacted the DWP for clarity and will update post if I get any response from this.

James

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Joined: 12 March 2013

You’ve read it right, this simply amends the definition of Young Individual.  It means they won’t be limited to the shared accommodation LHA rate in HB purely by reason of being a single under 35 year old.  If they happen to live in shared accommodation anyway, this amendment does not entitle them to the 1B s/c rate.

In UC, single under 35s are the only people who get restricted to the shared accommodation rate so the amendment will entitle them to the s/c 1B rate irrespective of where they live.