Local Housing Allowance

Local Housing Allowance is a new way of working out Housing Benefit for people living in privately rented accommodation (it does not apply to housing association tenants).  From 7 April 2008 claimants will have their Housing Benefit calculated using the Local Housing Allowance (LHA) if they make a new application for Housing Benefit or have a break in their claim of a week or more, on or after 7th April 2008.  This will also apply to people currently claiming Housing Benefit who move to a new address on or after 7th April 2008.

 

Aims of the LHA

Central Government has stated that there are a number of key aims for introducing LHA:

  • Fairness in terms of tenants with similar circumstances living in the same area will get the same amount of Housing Benefit.
  • Choice in terms of tenants being able to choose the quality and price of their accommodation with the possibility of keeping up to £15 per week to spend on other things.
  • Transparency in terms of the scheme making it easy to find out how much rent could be covered by Housing Benefit
  • Personal responsibility by paying the allowance to the tenant encourages them to take responsibility for budgeting and paying their rent themselves.
  • Increased work incentives Greater certainty about what in-work benefit they could receive is expected to help tenants to bridge the gap between being out of work and taking a job
  • Simplicity by removing the complex rent restrictions should speed up the decision making process.

 

Exempt Tenancies

 

The following types of tenancy will be exempt from the LHA:

Registered Social Landlords (Housing Associations)

Protected cases, such as supported housing provided by certain local authorities, social landlords, charities and voluntary organisations

Tenancies that are excluded from current rent restrictions such as local authority tenancies, Regulated tenancies prior to 15 January 1989 and other regulated tenancies (Rent Act 1977) or Rent (Agricultural) Act 1976

Home Office bail or probation hostels

Hostel Accommodation

Housing Action Trust Lets

Caravans, houseboats (including mooring charges), & mobile homes

Cases where the Rent Officer judges that a substantial part of the rent is attributable to Board and Attendance e.g. hotel accommodation.

 

How much will I receive?

 

Claimants will receive an LHA based on the

 

*   The number of occupiers in their property and

  1. *   The area in which they live

 

Entitlement to the LHA will be subject to a means test and proof of a valid tenancy as it is with Housing Benefit now.

 

Calculating your size criteria

 

Tenants with similar circumstances are entitled to the same category of LHA regardless of how much rent they actually pay.  If the rent they pay is less than the allowance they can keep the excess up to a maximum of £15 per week.

 

The category that a tenant is entitled to depends on the number of occupiers within a household.  One bedroom shall be allowed for each of the following categories of occupier (and each occupier shall come within only the first category which applies to him):

 

(a)   a couple

(b)   a person who is not a child (person 16 years or more)

(c)   two children (up to 16 years) of the same sex

(d)   two children who are less than 10 years old

(e)   a child (up to 16)

 

The allowances are set by the Rent Service each month and are maximum amounts – the actual amount claimants will be entitled to will depend on income, savings and circumstances.  The claim is based on the rate for the month the claim is made and will be reviewed after a year, unless there is a relevant change in circumstances, such as a change in the number of occupiers or a move to a new address.

 

Broad Rental Market Areas (BRMA)

 

A BRMA is an area made up of two or more distinct areas of residential accommodation within which a person could reasonably be expected to live, having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, and containing residential premises of a variety of types.

 

Within the Purbeck District Council area there are two BRMAs, West Dorset and Bournemouth.  People living in areas with postcodes beginning DT2 will come under the West Dorset BRMA and people living in areas with postcodes beginning BH16, BH19, BH20 and BH21 will come under the Bournemouth BRMA.  The rates for each size of property and the BRMA they apply to will be published on this website each month, commencing February 2008.

 

Payments

 

LHA will normally be paid to the claimant, direct to their bank or building society account.  Local Authorities will have discretion to make payments to the landlord in exceptional circumstances (see below)

 

How does Local Housing Allowance affect landlords?

 

The only change for most landlords is that LHA will be paid to the tenant and the tenant will be responsible for paying their rent to the landlord.

 

There is the risk that some tenants may struggle with the responsibility of paying their rent and therefore, in conjunction with all other Dorset Authorities, we have developed a “Safeguard Policy” to identify those cases where LHA should be paid to the landlord.  A copy of this policy is available on this website.  The following are some examples of where we may be able to pay the landlord but each case will have to be considered on its merits:

 

  • If we consider that the tenant is vulnerable and is likely to have difficulty managing their own affairs, and this may include tenants with learning disabilities, drug or alcohol addictions, mental health issues or other serious illnesses.
  • If we think the tenant is unlikely to use their LHA to pay their rent and this could be that we know the tenant has consistently failed to pay their rent in the past.
  • When the LHA has been backdated or there has been a delay in processing a claim and a large amount of benefit is to be paid.  In these cases we can make the first payment of LHA by cheque payable to the landlord, although it would be sent to the claimant.
  • If the tenant has built up rent arrears of eight weeks or more and payment direct to the landlord has been implemented we can continue making payments direct to the landlord after the arrears have fallen below eight weeks.
  • If the tenant is having deductions from their Income Support or Job Seekers Allowance to pay off rent arrears. 

 

PURBECK DISTRICT COUNCIL     
LOCAL HOUSING ALLOWANCE FOR MARCH 2010
Category Type LHA for West Dorset BRMA - Postcodes Starting DT2 LHA for Bournemouth BRMA - Postcodes starting BH16, BH19, BH20 & BH21
  Weekly Monthly Weekly Monthly
A     Shared accommodation 70.71      306.41 72.93       316.03
B     One bedroom self contained 111.62     483.69    126.58     548.51
C     Two bedroom property 138.08     598.35 155.34     673.14
D     Three bedroom property 166.85     723.02 195.62     847.69
E     Four bedroom property  207.12     897.52 264.66   1146.86
F     Five bedroom property 276.16     1196.69 341.18   1478.45

 

 

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Safeguard Policy Document

Size: 145KB

Adobe Acrobat Document

 

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