Housing benefit

[EwwwwwwDavid]

Asking for a very worried client

She is in council housing, in receipt of UC and LCWRA, her housing benefit goes straight to the council

Due to a variety of reasons including health and harassment (all documented by professionals) she is looking to move. She is moving to the area her fiance lives in. A different local authority. She will be moving to private rented as there is no social housing available and she is very low on the list.

There is a lot of confusion around what help she can get. She is insistent that she has to move to the same level of property (2 bed) otherwise she will be classed as making herself intentionally cramped and will lose all HB.

Google (and i do not know much about this) says that she will potentially lose around 14% if she moves to a 1 bed when she is eligible for a 2 bed, but i can't find anywhere saying she would no longer get any HB. As I understand it, she will need to do a new UC claim in the new area and they will give HB.

Can anyone advise? Has anyone got any other advice about moving local authority and still claiming benefits? Will the new area backdate the HB?

I'm pretty sure she will get two bed room rate. Has she looked at the VOA local housing site?
Search for Local Housing Allowance rates by postcode or local authority : DirectGov - LHA Rates
The local housing allowance rates will also likely be posted somewhere on the council website for the area she is moving to.

She will likely find it very difficult to rent a one bed with 2 children. Most estate agents will say no as the housing size isn’t suitable. Whoever told her she had to rent a similar property or be seen as intentionally making herself in overcrowded conditions was likely trying to say that if she rents a smaller place she won’t then be able to apply for social housing as she’s intentionally moved to an unsuitable property.

Universal credit essentials is a charity run support service. They have an excellent website with a forum you can ask advice & get specific answers. They can help with reference to legislation also for any incorrect info she is receiving from other people as unfortunately UC don't always get their own rules right!

She won’t be able to anyway if she goes into private rent, or so she says

this is the calculator I can’t get to work! But thank you o checked elsewhere

the bed rate would mean she could get a 1 bed, if the estate agent let her.

its only her and 2 little ones, I bet a couple plus baby would be allowed a one bed

Thank you I’ll sign post her here

If she only needs one bedroom, wouldn't that cost less and be more favourable to claim HB? Sorry, don't get it.

Yes she will only get housing benefit for a one bed if she chooses to live in a one bed, it will be the one bed LHA rate she would receive.

She shouldn't lose it entirely if she chooses to make herself overcrowded in a one bed, lots of people do that because even with housing benefit the LHA rate does not cover private rent so they have to go for a smaller/cheaper property than they would really need. She will just get the lesser amount for the property she has, and obviously the council would not be prepared to help her find a new property due to overcrowding as she intentionally made things that way.

Ideally she would get the 2 bed LHA she is entitled to. But that doesn’t cover a 2 bed private rent so the thinking is, use it for a one bed and give up the living room.

But that won’t work if they only give her 1 bed LHA

You cannot do this. You get the LHA Rate for the amount of bedrooms you actually have in the property you have. So she will be entitled to 2 bed rate, but if she chooses to only have a one bed property then she will only receive the 1 bed rate.

Thank you. Do you have a link? Again, all I can find online is unofficial statement and conflicting opinion, as we have also been told she could get her entitlement regardless

This is what it says on the council website

“The LHA rate you are allowed is based on the number of bedrooms you, and your family (if you have one), need, and not on the number of bedrooms you are actually renting.”

So the reason it says that is to explain you cannot for example be entitled to 2 bed, choose a 4 bed, and then try and claim LHA rate for 4 bed.

You do not get paid for more bedrooms that you actually have.

This is the old housing benefit rules, not the new universal credit rules that will govern her claim

Yes, you do

Use the turn2us benefit calculator - it has all the LHA rates in it

This is the govt guidance on it:

https://assets.publishing.service.gov.uk/media/67f67179555773bbf109e21b/adm_f3.pdf

You want point f3183

Which specifies that the decision maker has to work out the 'core rent' (rent minus most service charges) and the 'cap rent' (in this case the LHA rate for her household size) and take the lower of the two as the housing costs element amount.

Thank you this is so helpful

That is literally the opposite of what it says.

I’d love more advice as you are all being so helpful! Private rent demands a chunky deposit and first months rent in advance and she doesn’t have it saved yet, we were looking at a DHP for this but to apply you need a moving address, which she can’t really get without being able to commit to a property. Any ideas on how to get round this chicken egg situation?

Bit confused, so she does only need a one bed? So will have to pay extra for a spare room? Xx

If this is the case she’s homeless, can she apply as homeless in the new area? They may help source private rented and/or support access to social housing by facilitating an exchange for someone in their area needing to move - has happened in my LA

Dhps for moving costs and deposits are usually only available for people moving on from homelessness or people where a homelessness duty has been accepted by the council.

Has she tried making a homeless application to her current council on the basis that it is unsafe for her to continue living in her current property? Tbh it's probably a long shot, but you could try contacting shelter to see if they think it's arguable.

The reason councils want the address is because they're expecting dhp applications to come from people who are struggling to pay the rent in their current home, not from people who are choosing to put themselves into poverty by moving to a home they will be overcrowded in and cannot afford to rent.

She really really shouldn't be moving. And councils are not going to be keen to facilitate this move

She needs a two bed
she is entitled to a two bed
and has a two bed currently

shd cannot afford a two bed in the new area

so is thinking use two bed LHA entitlement but get a one bed flat and she will sleep in living room

She can’t, and she isn’t classed as homeless

she has a home it’s just making her ill