Which rate of LHA should be applied - exclusive room in HMO?

Client lives in self-contained accommodation within property registered as HMO. Lives alone and iro ESA as well as PIP SDL/SM so also has SDP in ESA.

LHA currently being assessed on basis of one-bed shared LHA rates but I believe this should actually be the one-bed self-contained accommodation rate that is used. This is because both the fact of having exclusive use of his own rooms as well as the fact of being entitled to the SDP.

Council say they can’t change as he doesn’t have an individual Council Tax liability but I can’t see that has anything to do with the HB award.

Am I barking up the wrong tree here or should we encourage client to appeal against the restriction? It’s Friday afternoon and my head is hurting.

Many thanks for any pointers please.

Agree, nothing to do with Council Tax.

The test in HB Reg 13D(2)(b) is:

(i) the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or
(ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking

If the Council thinks the room ought to have a CT banding they can make that suggestion to the VOA, but the Reg 13D test doesn’t require it - it’s a judgement on the facts.

Thanks for this Peter, much appreciated.