Working out your accommodation requirements
The number of people who live with the claimant as members of their family determines how many bedrooms they need and the size of the accommodation they will qualify for under the LHA rules. We do not count other rooms such as living rooms, kitchens or toilets.
Claimants will qualify for one bedroom for:
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Every adult couple (married or unmarried or in a civil partnership)
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Any other adult aged 16 or over
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Any two children under age 10
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Any two children of the same sex aged under 16
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Any other child.
From April 2011 the LHA size criteria will include an additional bedroom if you or your partner has a need for overnight care that is provided by a non-resident carer. If you think this change may affect you please contact us.
The maximum LHA rate will also be restricted from April 2011 and the four bedroom rate will be the highest amount awarded, even if your accommodation requirements are for five or more bedrooms.
Example 1:
Claimant lives in a 2 bedroom property. The claimant qualifies for a 2 bedroom property under LHA rules, Housing Benefit will be calculated using the 2 bedroom rate for the area they live in.
Example 2:
Claimant lives in a 3 bedroom property but qualifies for a two bedroom rate, they will receive Housing Benefit calculated using the two bedroom LHA rate for that area.
What else might affect your LHA?
A claimant may not get the bedroom based rate of LHA if they share some or all of the facilities in the property they rent. A shared accommodation rate applies to claimants who have their own bedroom but share other parts of their home with other tenants.
Most single people aged under 25 will only qualify for the shared accommodation rate regardless of the type of accommodation they live in.
PLEASE NOTE: The shared accommodation rate will be extended to single people aged 25 to 35 from January 2012. To find out more about this change please click on the link below:
Important changes to LHA from January 2012
Single customers aged 25 years and over, and couples with no dependent children
Single customers aged 25 years and over and couples with no dependent children will be entitled to the rate for a one-bedroom property, for example a one-bedroom flat or studio or other kind of self- contained accommodation, provided they actually rent a property of at least this size.
If people in this category choose to live in a property where they do not have either:
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exclusive use of two or more rooms, or
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exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking
they will be entitled to only the shared accommodation rate, unless the following two exceptions apply:
Care leavers under 22 years old
Care leavers under 22, or a customer who lives with a care leaver under 22 who is their partner, who have no dependent children will have their benefit entitlement based on the one bedroom LHA rate whether or not they share accommodation and regardless of its size.
When care leavers reach the age of 22 they will fall within the definition of single customers aged under 25 years and will be subject to the shared accommodation rate. If you think this may affect you or you would like to find out more information please contact us.
Severe Disability Premium included in benefit assessment
Under 25 year olds, single customers over 25 or couples who have no dependent children and who have the Severe Disability Premium included in their benefit assessment, will have their benefit allowance based on the one bedroom LHA rate whether or not they share accommodation and regardless of its size. If you think this may affect you or you would like to find out more information please contact us.
Joint tenants
If a claimant rents a property with other joint tenants, the Housing Benefit they receive will depend on the LHA rate that matches the size of their family.
Example 1:
3 joint tenants each of whom is single. The shared accommodation rate will apply to each of them (3 separate claims will be needed)
Example 2:
2 joint tenants, one of whom has a child living with them. The shared accommodation rate will apply to the single joint tenant. The 2 bedroom LHA rate will apply to the joint tenant with the child.
To find out which room rate would apply to you, please click on the following link - LHA Bedroom Calculator. For a list of current LHA rates, please view our LHA rates.
