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Universal Credit housing element confusion

31 replies

lolit · 12/11/2024 19:25

I live with a live-in landlord. I was recieving the 1 bedroom LHA rate on the housing element, until I noticed I mistakenly had my landlord as another claimant because I put him down as the person who lives with me in my claim (I took the question literally).

After removing him for my claim, I am now apparently only entitled to the shared accomodation rate, which covers only half of my rent... I am straight up suicidal right now because I will end up homeless...

My question is, why did this happen? Did UC assume that the person living with me is my partner and I was entitled to the 1 bedroom LHA rate because of that or what? When I was filling it out it never asked me the relationship of this person to me. Please can someone tell me how to fix this because I cannot pay my rent right now and it's making me suicidal

OP posts:
Bromptotoo · 12/11/2024 19:47

If you're single/childless, under 35, and paying rent privately then you'd normally be limited to the shared accom rate.

Can you get a Discretionary Housing Payment from the Council?

Littlemissgobby · 12/11/2024 19:49

I found this out are uou over 35
Once you’re over 35 then the SAR does not apply anymore, doesn’t matter if you’re in your own place or house share, as long as you’re on the tenancy then you’re entitled to the 1 bedroom local housing allowance (LHA) rate.
So if you are over 35 just put uou r in a one bedroom place as the landlord isn't related to you
However if under 35 you will have to put it as shared
Over 35 it's because technically uou r not living with them as a partner type situation
I woukd message the journal and maybe message shelter and go on the entitled to calculator

teatoast8 · 12/11/2024 19:50

You might be entitled to other benefits x

lolit · 12/11/2024 19:54

Bromptotoo · 12/11/2024 19:47

If you're single/childless, under 35, and paying rent privately then you'd normally be limited to the shared accom rate.

Can you get a Discretionary Housing Payment from the Council?

I think so. Does the Discretionary Housing Payment have to be paid directly into the landlord's account?

OP posts:
Bromptotoo · 12/11/2024 22:13

lolit · 12/11/2024 19:54

I think so. Does the Discretionary Housing Payment have to be paid directly into the landlord's account?

No idea.

It's a a payment to help close the gap between the LHA rate and the actual rent passing.

FutilityRoom · 12/11/2024 22:14

How old are you?

lolit · 12/11/2024 22:45

FutilityRoom · 12/11/2024 22:14

How old are you?

30

OP posts:
DoreenonTill8 · 12/11/2024 22:47

But for them to be a joint claimant surely you had to put LOTS of personal information of there's down? Income, if disabled, dob, a carer etc?

Littlemissgobby · 12/11/2024 22:53

lolit · 12/11/2024 22:45

30

Right that's why you r now only entitled to the shared local housing element as I explained unfortunately you may have to speak to your landlord

Littlemissgobby · 12/11/2024 22:54

DoreenonTill8 · 12/11/2024 22:47

But for them to be a joint claimant surely you had to put LOTS of personal information of there's down? Income, if disabled, dob, a carer etc?

It's because she's under 35 as I explained above

SapphireOpal · 13/11/2024 06:44

Littlemissgobby · 12/11/2024 22:54

It's because she's under 35 as I explained above

What's because she's under 35? Have you replied to the wrong post?

DoreenonTill8 · 13/11/2024 06:57

Littlemissgobby · 12/11/2024 22:54

It's because she's under 35 as I explained above

Sorry I meant that op must have had put info down to.make the ll a 'joint' claim, an under 35 must be different paperwork?

DoreenonTill8 · 13/11/2024 07:02

@lolit have a look on entitled to... its very clear on here re housing element and who you live with so.hope it helps.

Universal Credit housing element confusion
Universal Credit housing element confusion
Universal Credit housing element confusion
FutilityRoom · 13/11/2024 07:20

DoreenonTill8 · 12/11/2024 22:47

But for them to be a joint claimant surely you had to put LOTS of personal information of there's down? Income, if disabled, dob, a carer etc?

Well yeah, this... Didn't you twig that they wanted an awful lot of information about your landlord? And for a joint claim UC would need the other person to also have a UC account and accept their own commitments etc. Its really not a simple tick box mistake to make, to add someone else as a joint claimant.

How long was this going on for before you realised the mistake?

Littlemissgobby · 13/11/2024 07:30

FutilityRoom · 13/11/2024 07:20

Well yeah, this... Didn't you twig that they wanted an awful lot of information about your landlord? And for a joint claim UC would need the other person to also have a UC account and accept their own commitments etc. Its really not a simple tick box mistake to make, to add someone else as a joint claimant.

How long was this going on for before you realised the mistake?

It’s not a joint claim it’s because she is under 35 basically if you were over 35 if you are living with somebody that’s not related to you that’s not a partner but you are literally renting a room off them. You will still get a one bedroom LHA allowance But if you are under 35 then they will class that as a shared room rate which is cheaper and less money.
it used to be that even if you were over 35, it would still be classed as a shared room rate but they have changed the rules

mitogoshigg · 13/11/2024 07:34

You are under 30 and live in shared accommodation (whether you share with a friend or your landlord is irrelevant here) you can't claim the one bed rate unless you are in self contained accommodation whatever your age

FutilityRoom · 13/11/2024 07:39

Littlemissgobby · 13/11/2024 07:30

It’s not a joint claim it’s because she is under 35 basically if you were over 35 if you are living with somebody that’s not related to you that’s not a partner but you are literally renting a room off them. You will still get a one bedroom LHA allowance But if you are under 35 then they will class that as a shared room rate which is cheaper and less money.
it used to be that even if you were over 35, it would still be classed as a shared room rate but they have changed the rules

Yes, I know all about the shared room rate for under 35s. But the issue arose because she mistakenly created a joint claim with her landlord. Which meant she was getting the 1 bedroom rate paid in error, and now the mistake has been corrected she is no longer entitled to it. I'm just baffled as to how it's possible to mistakenly create a joint claim as the joint claimant would have needed to engage with the claim for this to happen in the first place!

Littlemissgobby · 13/11/2024 07:42

FutilityRoom · 13/11/2024 07:39

Yes, I know all about the shared room rate for under 35s. But the issue arose because she mistakenly created a joint claim with her landlord. Which meant she was getting the 1 bedroom rate paid in error, and now the mistake has been corrected she is no longer entitled to it. I'm just baffled as to how it's possible to mistakenly create a joint claim as the joint claimant would have needed to engage with the claim for this to happen in the first place!

Sorry, I understand what you’re on about now but actually as somebody on universal credit myself I am not convinced they check everything the way you think they do. I have known people to be living together and do whatever they need to write and they’re not asking the other person the question if they are with them or not.
this is why I long suspect that there is a little bit of fraud sometimes and possibly it’s not being cracked down enough

FjordPrefect · 13/11/2024 07:46

That's all you're entitled to I'm afraid. If your landlord pays all the bills you may even be in a better position than many as they would usually be paid out of your standard allowance.

Contact the council and ask about Discretionary Housing Payments and see if you can get a referral to a foodbank. you will also have to repay any overpayments I'm afraid.

mortlurf · 13/11/2024 07:51

Are you related to your live in Landlord Op?

FjordPrefect · 13/11/2024 07:52

Littlemissgobby · 13/11/2024 07:42

Sorry, I understand what you’re on about now but actually as somebody on universal credit myself I am not convinced they check everything the way you think they do. I have known people to be living together and do whatever they need to write and they’re not asking the other person the question if they are with them or not.
this is why I long suspect that there is a little bit of fraud sometimes and possibly it’s not being cracked down enough

Technically nothing should be paid until BOTH of them set up an account and agreed to their commitments so I'm not sure how this could happen. Although, if a claim was set up during Covid then there were less stringent checks and may not have been subject to review yet I suppose... they will get a shock when they're told to repay ALL of the overpayment though!

mortlurf · 13/11/2024 07:56

Do you claim any other benefits? Do you work or have the capacity to work?

lolit · 13/11/2024 12:01

FutilityRoom · 13/11/2024 07:39

Yes, I know all about the shared room rate for under 35s. But the issue arose because she mistakenly created a joint claim with her landlord. Which meant she was getting the 1 bedroom rate paid in error, and now the mistake has been corrected she is no longer entitled to it. I'm just baffled as to how it's possible to mistakenly create a joint claim as the joint claimant would have needed to engage with the claim for this to happen in the first place!

Same. I am baffled how they were on my claim, but UC never asked about them or asked them to engage.

OP posts:
Bromptotoo · 13/11/2024 12:14

Like others I cannot understand how this happened.

Were you getting Pip or brought up in care?

PeachPumpkin · 16/11/2024 20:06

DHPs can be paid directly to claimants. It’s unlikely they would be willing to pay it long-term though.

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