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

worried33

Ok I have now received an explanation.

So trying to put this as simple as possible.

My original claim was opened prior to 2008, the LHA rate adjustments are for HB claims opened after 2008.

Claims opened prior to 2008 are subject to review by the Rent Officer Service which is done every 12 months, if this cycle is broken the council would have to treat it as a new claim, which would trigger a change to universal credit.

My next annual review is in January 2024.  It hasnt been made clear to me if any backdating can occur to the date of rent increase or if this officer uses the LHA rates as a guidance.

But it is a much more detailed response now following the escalation.

They are saying the person on the phone was wrong.  I am still confused however as there is reports from others including on here, that on legacy housing benefit, as long as its below the LHA rate for the area, increases can be applied, so the response I received is still in contradiction to that, but maybe my council has an unusual process.  If you still curious Adrian or any of the other Scope guys, I can share the full response in private message.

OverlyAnxious

That is an interesting explanation.  At least you've finally got an answer.

I am on legacy benefits and get increases up to LHA, but my first housing claim was made much later than 2008.  If a property move started a new HB claim, there may not be many tenants still living in the same rented property since before 2008.

poppy123456

worried33 said:

Claims opened prior to 2008 are subject to review by the Rent Officer Service which is done every 12 months, if this cycle is broken the council would have to treat it as a new claim, which would trigger a change to universal credit.

I don't think that's correct. If you moved house, providing you stay within the same LA then you can continue with housing benefit but your entitlement will then be based on the LHA.

worried33 said:

They are saying the person on the phone was wrong.  I am still confused however as there is reports from others including on here, that on legacy housing benefit, as long as its below the LHA rate for the area, increases can be applied, so the response I received is still in contradiction to that, but maybe my council has an unusual process.  If you still curious Adrian or any of the other Scope guys, I can share the full response in private message.

When advice was given here, one thing that wasn't thought of was housing benefit rules before 7th April 2008, when LHA didn't apply. Had the information been given then advice could have been given based on that information.

More information here about HB before April 2008. https://www.entitledto.co.uk/help/date-of-tenancy

I suspect there aren't many people still claiming HB under those rules. In the past few years i can only recall a few people, including yourself claiming under the old rules.

Hannah_Alumni

Hello @worried33

I'm so glad that they finally gave an answer! It does sound a bit like the council's own process? How do you feel about their explanation?

Please keep us updated with the review in January and hopefully it will all be sorted! 

worried33

@Hannah_Scope If I get the increase in support in January I will live with it, but I get the feeling its not in line with what other councils are doing.

I will of course as long as I remember let everyone know what happens in January.

poppy123456

worried33 said:

but I get the feeling its not in line with what other councils are doing.

It will be exactly the same for all LAs where people have claimed HB continously since before 2008. The only difference after that is the LHA applies.

WhatThe

People not affected by Local Housing Allowance

If you were a private tenant and in receipt of Housing Benefit on 7 April 2008 you are not affected by Local Housing Allowance unless there is a break in your Housing Benefit entitlement or you move and enter into a new private tenancy agreement.

poppy123456

WhatThe said:

People not affected by Local Housing Allowance

If you were a private tenant and in receipt of Housing Benefit on 7 April 2008 you are not affected by Local Housing Allowance unless there is a break in your Housing Benefit entitlement or you move and enter into a new private tenancy agreement.

For those that want confirmation of the above then please see my link i posted in a previous comment here.

poppy123456 said:

More information here about HB before April 2008. https://www.entitledto.co.uk/help/date-of-tenancy

worried33

poppy123456 said:

worried33 said:

but I get the feeling its not in line with what other councils are doing.

It will be exactly the same for all LAs where people have claimed HB continously since before 2008. The only difference after that is the LHA applies.

Well you already said what they told me was wrong, so its different to other LA's or you now think its correct?

poppy123456

worried33 said:

poppy123456 said:

worried33 said:

but I get the feeling its not in line with what other councils are doing.

It will be exactly the same for all LAs where people have claimed HB continously since before 2008. The only difference after that is the LHA applies.

Well you already said what they told me was wrong, so its different to other LA's or you now think its correct?

Indeed I did but the vital information was missed by you that you’ve been claiming housing benefit continuously since 2008. Therefore the rules are different and the LHA doesn’t apply to you. 

In this case you need to wait for the housing officers review. 

In my comment here ..

poppy123456 said:

worried33 said:

Claims opened prior to 2008 are subject to review by the Rent Officer Service which is done every 12 months, if this cycle is broken the council would have to treat it as a new claim, which would trigger a change to universal credit.

I don't think that's correct. If you moved house, providing you stay within the same LA then you can continue with housing benefit but your entitlement will then be based on the LHA.

I was referring to your comment about having to claim UC for help with the rent if you moved house.

The rules before 2008 still apply to all LAs but as i advised, there's likely to be few people that have had no breaks in their claim since then.

WhatThe

worried wrote this -

So trying to put this as simple as possible.

My original claim was opened prior to 2008, the LHA rate adjustments are for HB claims opened after 2008.

poppy123456

WhatThe said:

worried wrote this -

So trying to put this as simple as possible.

My original claim was opened prior to 2008, the LHA rate adjustments are for HB claims opened after 2008.

Indeed but that information was given more than 2 months after starting the thread, after a few people including Adrian tried to advise them based on the information they first gave.

See comment at the top of page 2..  here...dated 13th October and the thread was started on 11th August.

worried33 said:

Ok I have now received an explanation.

So trying to put this as simple as possible.

My original claim was opened prior to 2008, the LHA rate adjustments are for HB claims opened after 2008.

WhatThe

Right, I see that now...
Sorry and thanks for your patience

poppy123456

WhatThe said:

Right, I see that now...
Sorry and thanks for your patience

No problem at all.

worried33

If I try to search for information that matches my circumstances I dont find many places its mentioned, it does seem to be assumed as not many have a tenancy that old, thats its not worth making a help page on it.  So I think getting stuck on whether I mentioned that or not is harsh, as likewise I dont begrudge anyone for not thinking of it as my situation seems to be quite rare.  The main thing is all of us in the thread understand what happened now.

WhatThe

My HB claim was pre 2008 changed address same borough LHA was applied   

worried33

I havent changed address, I cannot remember the exact year I moved in but I think its roughly about 2006/2007 time.

poppy123456

WhatThe said:

My HB claim was pre 2008 changed address same borough LHA was applied   

That would have still been classed as a break in your claim at that time. 

WhatThe

LHA didn't apply to social housing tenants though

poppy123456

WhatThe said:

LHA didn't apply to social housing tenants though

No, it still doesn't,  only to private renters. Bedroom tax (if you have a spare bedroom.) applies to social housing tenants that are under state pension age.