T seeks LHA; can he claim at greater rate if >1 room?

[Adrian]

Hi ,
My HMO has one tenant who would like to rent another room as his own lounge/study/kitchenette while still sharing bathroom facilities with the others. As I have a room free, we have agreed a rent and he has amended his HB claim (not sure why HB claimants need an office - must be a full time job keeping on top of benefit entitlements!)
Anyway, HB have now said that, though over 25 and now with exclusive use of 2 rooms, he is only eligible for the shared room rate of LHA d/t sharing of bathroom. This is in spite of their own published guidance leaflet that clearly states that, if over 25 you should get the "one room rate" if living in self contained accommodation or if you have exclusive use of at least 2 rooms in a shared house.
Luckily, we have not yet signed a new tenancy as he will not be able to afford the extra rent without the increased HB allowance.
Another unusual one but thought I would post here (as well as on the HMO board - sorry) to see if anyone has come across this or could point me to the definitive bit of the regs which covers this.
Thanks in advance.
Adrian

[Michael Clayton]

You have a single claimant who is renting a bedsit in a HMO.

He needs one bedroom so he qualifies for the LHA for one-bedroomed shared accommodation.

Under LHA, any other room is superfluous.

[Adrian]

Hi Michael,
Thanks for the reply. I failed to make clear that this is not, strictly, a bedsit. The house has communal kitchen and bathrooms and this tenant would continue shared use of both to some degree. Up until now he has accepted that the shared room rate applied to him (which seems to concur with the HB leaflets) but the LA are taking the view that, even with two exclusive use rooms, the continued facility sharing means that he is still entitled only to the lower amount. This seems to differ from the published leaflets.
Can you point me to the actual regulations so that I can attempt to decipher them myself?
Thanks again,
Adrian

[Michael Clayton]

Having checked the HB Regulations, I must hold my hands up and confess that I have made a mistake.

http://www.hbinfo.org/legislation/hbregs06/013D_06.html

This is obviously good news from your point of view but embarrassing from my point of view! The main point is that you got the answer you most desire!

[Adrian]

Michael,
Many thanks. I am not a member of HBInfo so sadly couldn't follow your link (without spending £110!). If it does give the evidence we need to make the case would you be able to cut and paste or send me the info by a private mail.
Thanks again for your help,
Adrian

[Adrian]

Michael,
Aha! Have now found the paragraph in the relevant HB2006 and penned an email quoting to the LA so don't worry - thanks again.
Adrian

[Michael Clayton]

Type 'Housing Benefit Regulation 13D' into a decent search engine.

It provides the information you need.


www.dwp.gov.uk
www.opsi.gov.uk

Are the sites that provide the necessary information