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UC assessing LHA based on bedrooms in property rather than bedroom need
We’ve today been advised by a UC case manager that the UC system will assign bedroom need according to bedrooms in the property rather than bedroom need.
I’m guessing this won’t happen where a 1 bedroom need household is in a 2 bedroom property but we’ve been advised that for a 3 bed need family in a 2 bed property - the 2 bed LHA rate is correct, this is how the UC system is set up, cannot be adjusted and will not be reconsidered (!)
We will of course appeal but wanted to flag this for others. I’m a bit concerned as this is surely one element of a UC calculation that would not require manual input and in the absence of additional bedroom entitlement, be correctly calculated by formula if the household members, genders and ages are known and correct (which they are in this case).
Their own guidance seems clear:
“F3110 When calculating the amount of the HCE for a renter a determination has to be made as to the size of the home it is reasonable for the renter to occupy. This is with reference to the number of people in the renter’s extended benefit unit, F3016.”
Number of rooms actually occupied is not a factor.
I have seen this happening recently as well. This is worrying as claimants are not always going to realise this and as a result lose out on benefit.
Their own guidance seems clear:
“F3110 When calculating the amount of the HCE for a renter a determination has to be made as to the size of the home it is reasonable for the renter to occupy. This is with reference to the number of people in the renter’s extended benefit unit, F3016.”
Number of rooms actually occupied is not a factor.
Do you know where the relevant rule is for Housing Benefit please?
I have a family determined to need 4 b/r but only allowed the 3 b/r rate because the house has 3 b/r.
Thanks,
Para. (2)(c) here: https://www.legislation.gov.uk/uksi/2006/213/regulation/13D
Thanks Charles,
Sangeeta