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Home Page > Community & Living > Claiming Benefits > Local Housing Allowance

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 July 2008 are:

 

Number of bedrooms Maidstone Meway/Swale
Shared room rate £77.00 £66.96
1 bedroom £121.15 £109.62
2 bedrooms £150.00 £132.69
3 bedrooms  £174.23 £146.54
4 bedrooms £230.77 £207.12
5 bedrooms £357.69 £265.15

 

 

The weekly LHA rates for June 2008 are:

 

Number of bedrooms Maidstone Medway/Swale
Shared room rate £77.00 £67.00
1 bedroom £121.15 £109.62
2 bedrooms £150.00 £132.69
3 bedrooms £173.08 £146.54
4 bedrooms £230.77 £204.81
5 bedrooms £346.15 £230.77

 

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 complete and return the Discretionary Housing Payment form to our department to apply.

 

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. 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.