Local Housing Allowance FAQ's

Who cannot get LHA?

You cannot get LHA if:

• You are a council or housing association tenant
• You have a tenancy that started before 1989
• You live in a caravan, hostel or houseboat
• You live in board and lodgings
• You live somewhere where your landlord provides care, support or supervision

However, if you fall in to any of the above categories you may still claim Housing Benefit

How much LHA can I get?

The amount of LHA you can get depends on:

• Who lives with you and the number of bedrooms your family needs
• The area you live in
• The amount of money you have coming in
• The amount of savings you have

The LHA rates vary depending on the size of the property. These rates are set by an independant rent officer, based on local rents. You may get less than the maximum rate depending on your circumstances.

Knowing the amount of LHA will let you work out what rent you can afford when you look for somewhere to live. You can then choose a place that suits you.

How many bedrooms do I need?

The number of bedrooms you need depends on how many people live with you. You are allowed one bedroom for:

• A couple
• Any other adult aged 16 or over
• Any two children of the same gender aged under 16
• Any two children aged under 10
• Any other child

The rate of LHA for single people under 25 will be based on a room in shared accommodation, such as a bedsit or a room in a property where kitchen and bathroom facilities are shared with other tenants.

Example 1: Mary and John are a couple who have a child, Jack, who is nine years old. They are entitled to one bedroom for themselves and one bedroom for Jack. This means any housing benefit they are entitled to will be based on the Local Housing Allowance rate for two bedrooms.

Example2: Susan is a single mother who has three children. Tom, who is fourteen, Judy who is eleven and Raymond who is six. Susan is entitled to one bedroom for herself, one bedroom for Judy and one bedroom for Tom and Raymond to share. This means any housing benefit she is entitled to will be based on the Local Housing Allowance rate for three bedrooms.

How is LHA paid?

You will usually get LHA paid to you and you will have to pay your landlord. You cannot choose to have your LHA paid to your landlord. It must be paid into a bank or building society account and will be paid every 2 weeks in arrears.

As a tenant you are responsible for paying your rent to your landlord. It is important that you pay your rent on time to avoid losing your home. If you do not pay the rent your landlord may apply to the council to have your benefit paid direct to them.

If you are worried about managing your money, please ask if we can help. In some cases we may be able to pay benefit to your landlord.

I don't have a bank account what can I do?

The Council and the Government are promoting the use of basic bnk accounts for tenants receiving benefit. The use of standing orders and direct debits are an easy and effective way of managing money and mean that you don't need to wait for cheques to clear.

Help and advice on opening a bank account.

The Citizen's Advice Bureaux (CAB)provide money advice to private tenants getting LHA and can help with budgeting and advice on managing debt.  If you would like to use this service, please phone the CAB for an appointment on 01224 586255.

Other local advice agencies may also be able to provide you with assistance.

You can also get information on opening a bank account from the Financial Service Authority on 0845 606 1234 or at www.moneymadeclear.fsa.gov.uk

What if I cannot manage to pay the rent myself?

Some tenants may struggle with the responsibility of paying their rent and so safeguards have been put in place to make direct payments to landlords in certain circumstances for vulnerable tenants.

The Council has certain discretion in identifying tenants where LHA will be paid direct to the landlord. Examples include:

• If we consider the tenant is likely to have difficulty managing their own affairs. This could include tenants with learning disabilities, in severe debt or with drug or alcohol problems that would mean they may have difficulty managing a budget
• If we consider the tenant is unlikely to use their LHA to pay their rent
• If the tenant has built up rent arrears of 8 weeks or more
• If the tenant is having deductions from their Income Support or Jobseeker's Allowance to pay off rent arrears

To implement these safeguards, the Council must have written evidence to ensure the claimant meets the criteria of vulnerability.

What if my rent is lower than the LHA?

Note: From April 2011 no additional excess will be paid.

Some properties will have a rent lower than the amount of LHA you can get. If the rent is no more than £15 a week less than the LHA rate you can keep the difference. If the rent is more that £15 a week less than the LHA rate, you can keep £15. This will not affect any other social security benefits you may get.

For example, if your rent is £60.00 per week and the Local Housing Allowance is £100.00 per week, the maximum amount of benefit we could pay is £75.00 per week.

What if my rent is higher than the LHA?

You may find a property where the rent is more than the LHA you can get. The Council will not usually pay more LHA and you will have to pay the difference from your other income. In exceptional circumstances you may be able to get a Discretionary Housing Payment to help pay the difference.

How do I claim LHA?

You can claim LHA by applying for Housing Benefit. If you are a private tenant and make a new claim to Housing Benefit after 7 April 2008 it will automatically be calculated using the new LHA rules.

Will I get Housing Benefit or LHA from April 2008?

It depends on the circumstances of your claim at April 2008. If you have an ongoing Housing Benefit claim that started before April 2008, you will still get Housing Benefit. We will still refer your rent to The Rent Service at the start of your claim and then every 52 weeks.

However, you will be paid LHA if you:

• make a new claim;
• have a change of address; or
• have a break in your Housing Benefit claim