Local Housing Allowance
What is Local Housing Allowance?
Local Housing Allowance (LHA) is the new way
of working out the maximum Housing Benefit you could get. The
amount you will get will still depend on your income and savings.
It is only the way we work out the maximum Housing Benefit you
could get that has changed.
The weekly LHA rates for October 2008
are:
| Number of bedrooms |
Maidstone |
Medway/Swale |
| Shared room rate |
£75.00 |
£66.00 |
| 1 bedroom |
£121.15 |
£109.62 |
| 2 bedrooms |
£150.00 |
£132.69 |
| 3 bedrooms |
£178.85 |
£150.00 |
| 4 bedrooms |
£253.85 |
£207.69 |
| 5 bedrooms |
£346.15 |
£276.92 |
The weekly LHA rates for September
2008 are:
| Number of bedrooms |
Maidstone |
Medway/Swale |
| Shared room rate |
£75.92 |
£66.92 |
| 1 bedroom |
£121.73 |
£109.62 |
| 2 bedrooms |
£150.00 |
£132.69 |
| 3 bedrooms |
£178.85 |
£147.69 |
| 4 bedrooms |
£230.77 |
£207.69 |
| 5 bedrooms |
£346.15 |
£265.38 |
Who does LHA apply to?
Everybody who claims Housing Benefit from 7
April 2008 has their Housing Benefit worked out using LHA, with the
exceptions listed below.
Local Housing Allowance does
not affect you if:
- you live in a home which is owned by us or a
local authority landlord;
- you are a tenant of a registered social
landlord
- you live in supported housing
- your tenancy started before 15 January
1989
- you live in a caravan, houseboat or hostel;
or
the Rent Officer has decided that a large part
of the rent you pay for your tenancy is for meals cooked for
you.
If you are already receiving Housing Benefit,
the rules do not change until you change address or
temporarily stop claiming.
How does LHA work?
The maximum amount of Housing Benefit you can
receive is the LHA rate that has been set for the number of
bedrooms that you need. The maximum amount you could receive
will be the same for every same-size household in the area you live
in.
Broad rental market areas
The Rent Service has divided the country into
broad rental market areas (BRMAs). There are two
BRMA's for Maidstone tenants which are called 'Maidstone' and
'Medway/Swale'.
Here are the maps for the Maidstone and Medway/Swale areas
The Rent Service will continually monitor the
local rent market and update the Local Housing Allowance figures
for each BRMA every month if necessary.
To work out which area your property
is in and what your Local Housing Allowance rate is please visit
The Rent Service - LHA website.
Number of bedrooms
We will work out the number of bedrooms
that you need as shown below.
One bedroom for each of the following:
- A couple
- Someone who is 16 or over
- Two children of the same sex until they are
16
- Two children who are younger than 10
- A child (someone under 16)
We do not count foster children or joint
tenants.
If you live in one room and share a
kitchen or bathroom with other people, or if you are under 25
and live on your own, you will receive the shared room rate
for LHA.
Which rate applies to you?
Your maximum Housing Benefit will be the LHA
rate for the number of bedrooms you need in the broad rental market
area you live in. We publish new LHA rates each month. The
rate that applies to you will depend on the date you claim. This is
normally the date that we received your claim form or the date that
you first asked to claim Housing Benefit if you send the claim
form back within one month of this date.
If your rent is higher than the Local Housing Allowance
The maximum benefit you will receive is the
LHA rate for the size of your household, in your area, for the
month you claim in. If your rent is more than this figure you will
need to make up this shortfall yourself. If you have special
circumstances, you may be entitled to Discretionary Housing
Payment. Please contact us at benefits@maidstone.gov.uk to
request an application for a Discretionary Housing
Payment.
If your rent is lower than the Local Housing Allowance
Your maximum Housing Benefit is the weekly
rent you pay, plus up to £15 a week. This is the maximum
amount that can be used to work out Housing Benefit. Your
maximum Housing Benefit will not be more than your LHA rate.
Example
Rent = £90 a week
LHA = £120 a week
Maximum Housing Benefit = £105 a week
Example
Rent = £90 a week
LHA = £100 a week
Maximum Housing Benefit = £100 a week
Reviewing your Local Housing Allowance rate
We will review your LHA rate every year on the
anniversary of the day you claimed. Your maximum Housing Benefit
will then be the LHA rate that applies for that
month.
If the amount of rent that you pay
changes, send the notice that you received from your Landlord
to the benefits office who will confirm if there is any change in
the amount of benefit you are to receive.
Backdating
This depends on whether you have asked for your claim to be
backdated to a date before 7 April 2008.
If we decide to backdate your claim to before 7 April 2008, we
will class the date you claim as being before the Local Housing
Allowance regulations came into force. As a result your maximum
Housing Benefit will depend on what the Rent Officer decides. You
will only change to LHA when you move or if you have a break in
your claim.
If you ask for your claim to be backdated to a date after 7
April 2008 and we agree to do this, your LHA rate will be based on
the figures that apply for the month you have asked your claim to
start from. This may be different to the figures for the month you
have claimed in. We will review your LHA rate on the anniversary of
the date your claim was backdated to.
Payment of LHA
Under LHA, we will pay your Housing Benefit
direct to your bank account. It is your responsibility to make
sure you pay the right amount of rent to your landlord at the right
time. There are very few times when we will pay your benefit
straight to your landlord. We will only do this if we think you
will have difficulty managing your rent, if you are eight or more
weeks behind with your rent, or if we do not think that you will
pay your rent. We will make a decision on every case individually
and may ask you to provide us with reasons and evidence for why we
should pay your landlord. More details can be found in
our Safeguard Payment
Policy. If you would like more help with this telephone us on
01622 602557.
You do not have a bank account
If you do not have a bank account we can
give you advice and information about how to open a bank account.
You will then be able to set up a standing order to pay
your landlord. This is a simple way of making sure your rent
gets paid when it is due.
Moving home. How much Housing Benefit will you
get?
You will need to find out the LHA rates for
the broad rental market area you are looking to move to. We will
have this information in our offices and on our website.
To work out which area your property
is in and what your Local Housing Allowance rate is please visit
The Rent Service - LHA website.
Changes to the size of your household
If somebody moves in or out of your household,
you must tell us. We will then change your maximum Housing Benefit
to the correct LHA rate for the new size of your household.
Appeals
You cannot appeal against the LHA rates set by the Rent Service,
however you are able to appeal against any other decision that we
make.
To make an appeal you must write to our department within
one month of the decision and explain your reason
for appealing.
Further information regarding Local Housing
Allowance may be found within the
leaflet Local
Housing Allowance for Tenants.
Money Advice
For money or debt advice you can visit the Citizens Advice Bureau
website.
Information is also contained within the Department of Works and
Pensions' leaflets on Money Advice and
Difficulty Paying Your
Rent.