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?

Even if she was moving to a 2 bed and therefore not overcrowded, I take it she couldn’t get help with the deposit?

I would not be surprised if staying there resulted in her unaliving

Her best bet might be to try to argue that she should be considered to be homeless because it isn't reasonable for her to continue to occupy her current home.

It is unlikely to be accepted by the council, but it sounds like she is desperate to leave where she is at the moment, but doesn't have any resource to enable her to move away.

The screenshot is from Shelter's page on the legal definition of homelessness

Just want to reinforce the bit above, she needs proper housing advice

She does

but she is struggling to access it and the three places she has reached out to (citizens advice, current council, new council) have either misadvised her or she has not understood

It’s worth trying. She is going to report the abuse and harassment to the police which will hopefully help.

she already has a care worker report saying she needs to leave the area for her mental health.

That’s exactly it, she is trapped and it’s worsening her situation.

That was the case with HB.

In Universal Credit you get the rate you need. In this case, an adult plus two small children, would be two beds.

Has she called Shelter? You have to be persistent but they are great when you get through

Can she try to swap with someone in a council house in her desired area? I believe there is a website, Homeswapper where people can arrange swapping houses. I assume it is allowed by all the councils, but not 100%.

I think it would be silly to give up a secure council property for private rental. The owners might decide to sell, happened to me at uni.

She isn’t NOT claiming housing benefit she received the UC housing element. Whether she moved to a 1, 2 or 6 bed house she will receive the LHA for a 2 bed property in that council. It’s not complicated just a matter of change of circumstances and uploading new tenancy etc.

If she has a fiance, are they not intending to marry, Doesn't he want to protect her? . Is her current housing situation temporary before they set up home together?

I don’t know much about their relationship but to my knowledge they do want to marry one day, but that’s a long way off - need to introduce children, maybe one day live together first etc. this is the first step.

i believe the fiance is on PIP which is also a reason to not rush in? I don’t know enough about it

I live in supported accommodation but am looking to rent privately. I am on lcrwa and pip, 48 yrs old and in Birmingham.

Will I be accepted for housing benefit as im worried if I do it snd get declined I would have to go back to supported accommodation.

Im not sure if one or two bedroomed rate applies due to my mental health disabilities

As long as you meet the legal formalities ie obligation to pay rent and occupy the private rental as your home you're entitled to the Housing Costs Element. However I think we need more information to give a full answer.

As to the number of bedrooms are you single and will you be living alone? Are you over 35?

Whether single or part of a couple you'd normally only be allowed the one room but there are exceptions around (a) needing a carer at night and (b) health conditions that prevent you sharing a room with a partner.

The biggest risk I think is that the amount of UC you get for housing, limited by LHA, will be significantly less than your contractual rent.

Im 48 and don't want to continue in supported housing. It would be just myself and family may stay overnight to check my well being as and when needed, but ultimately the property will be in my name.

I think I am entitled to the one bedroom rate, not sure o he two bedroom rate as not sure if claiming lcwra and pip entitles me to that?

PIP (daily living) is a pre-requisite for a second bedroom but you'd also need to meet the overnight care condition ie needing someone with you at night as a carer.

Doesn't need to be every night but you won't get it unless the need is there most of the time.

Thank you!! So I best to look at rents based on 1 bedroom, any additional rent over that amount i would have to pay myself