Question on amount of legacy housing benefit support on rent increase.

worried33

Hi.

I informed the council of increase of my rent for the first time as the difference now is quite big, I currently have to subsidise my rent £140 per month out of my ESA and PIP.

I rang them up and was told on the phone they should be able to increase a little if I supply proof, so I emailed them the proof.

Now the LHA rate published on my council's website is £103.xx per week for my property type (one bed).

However they are saying the max weekly support they can provide is £91.xx which is what it was before.

Now legacy housing benefit is not LHA I know that, but is it the case the limit of housing benefit is the same as the local LHA rates, or have I misunderstood that.

The letter itself does not explain why they refused to increase, it just says thats all they can do.  I also dont have any deductions.  In addition the letter has accepted my rent increase liability, and the summary sheet does correctly show my weekly rent calculation.

OverlyAnxious

Yes, LHA is the same for both legacy & UC housing amount.

Is £91.15 the shared rate?  Are you under 35?  It took me a few attempts until the local council understood that my DL PIP award made me eligible for the one bed rate at my age.

worried33

Thank you.

The shared room rate is £78.

I am 44.

It sounds like I should dispute this then?

It says i need to write to them, does an email count as writing?

Sorry for all the questions.

OverlyAnxious

worried33 said:

The shared room rate is £78.

I am 44.

It sounds like I should dispute this then?

It says i need to write to them, does an email count as writing?

Sorry for all the questions.

Ah, in that case you should definitely be eligible for the full one-bedroom rate. 

Does anyone else live with you?  I know that can cause a deduction depending on their circumstances.

Yes, I think you should dispute it, and at least get them to confirm why they believe you are not entitled to the full amount.

I have emailed my local council and always received a response, though I can't say whether all local councils accept email.

worried33

I live by myself, and have no deductions on their summary sheet.

Thank you, I will put in the email, that it is one bed and not shared, I live alone, the benefits I am on, and quoted their website and added a link to their website where it shows the LHA rates.

Also asked for the breakdown of their calculations as letter says I can ask for that.

I will send soon.

poppy123456

LHA rates apply if you’re privately renting only. You can check the rates here https://lha-direct.voa.gov.uk/ most LHA rates do not cover the whole rent so you will still very likely have a shortfall. 

If you’re renting from social housing then you’ll be entitled to the full amount unless you have spare bedrooms.

worried33

I rent privately poppy.

I am not expecting all my rent to be covered, just the question was to see if HB limit should be matching my local LHA rates.

The website you gave matches the amount on my council's website, thank you for providing that link so I have confirmation it is correct.

worried33

Well I got this reply, nothing close to the query I made.  It doesnt explain how they really got to that number and looks like no review was even carried out.

Wondering if there is a former appeal place at a tribunal?

I assume if I wait till the date they specified my right to appeal expires?

Thank you for email regarding your rent increase.
Rent increase has been applied and this is assessed by the rent officer decision which is in place for 52 weeks, in your case it will be reviewed on 10/01/2024.

I hope this answers your question

Adrian_Scope

I've seen before that someone lived close to a border and that there were different LHA rates within their city, or cases where people may have entered an old address. Have you checked they definitely have your correct housing details @worried33. 
If you'd like to PM me your postcode (don't share it publicly here) I could help double check your area and near by ones so we could try and figure out where they've made a mistake?

worried33

Hi thank you for the offer Adrian and I am happy to take it up.

Adrian_Scope

Hello @worried33. I've responded to your PM but I agree, it does appear that they are not paying you the LHA amount for your property. How did you contact them last time to ask about it?

worried33

I sent them an email and they replied via email, I got no new letter, the decision letter does say I need to ask them within a month as well, for both the detailed statement and reconsideration, the letter is dated 08 August.

"The valuation office agency has decided the highest rent I can use to work with out your weekly housing benefit based on the size of the property and personal circumstances"  Thats the amount same as before. 

My weekly eligible matches that amount.

B - There are no deductions
C - Receiving ESA
D - Does not apply
E - Does not apply

worried33

I will ring them tomorrow, they keep the decision makers of the phone, but will see if the person on the phone shows any sympathy and tries to help, otherwise will send a letter and another email.

Adrian_Scope

As they are still paying you your old rental amount, I'd assume they've just not correctly updated that. 
Good luck with the call today, try and be as clear as possible that they used to cover your full rent of £91.15 as it was under your LHA, but your rent has since increased and they're still paying you £91.15 despite your LHA being higher and you'd like it looked at again. 

Please let us know how you get on. 

worried33

After a 4 hour queue on the phones, the guy who answered agrees with me, and what you said as well, he has passed it on and said he will specifically mention the LHA limit, and told them to ring or email me, but warned it might be a letter.

He was very sympathetic thankfully.

Jimm_Scope

I'm glad you got through to someone, even if it took 4 hours. Do let us know if it actually finally gets resolved though!

worried33

There is no update, I do wonder if the latest event will just get ignored, and with that 30 days gone they have got away with just shunning me.

Hannah_Scope

@worried33 I'm so sorry. Have you tried chasing it up again? I'm also sorry that it will have to be you to do that.

worried33

My sister is going to visit their offices on my behalf in person, she is a very pushy person so hopefully she can get somewhere.

Hannah_Scope

@worried33 Hopefully she does, please keep us updated!  

worried33

She has been twice, staff told her they choose how to manage benefit payments and are not subject to national rules.  A councillor has now told us they investigating what was said to her now and also agreed to raise the case for me.  Should it be this hard?