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Page last updated at 15:20 GMT, Thursday, February 24 2011

Housing Benefit is changing from 1 April 2011 for private tenants

 

The Government is making changes to the way Housing benefit is calculated, for private rented sector tenants from 1 April 2011.  These changes only affect you if your Housing Benefit is calculated under Local Housing Allowance (LHA) rules.

 

What will the changes mean?

It is possible that the amount of Housing Benefit you get to pay your rent could go down.  If your Housing Benefit is paid to your landlord, the amount your landlord gets for your rent could go down.

If you are getting or thinking of claiming Housing Benefit, you  need to consider these changes before you renew or make a new tenancy agreement with a private landlord.

What are the changes from 1 April 2011?

From 1 April 2011 the Government will:

  • end the maximum £15 weekly Housing Benefit excess that some customers can receive under the LHA arrangements
  • remove the five bedroom Local Housing Allowance rate so that the maximum level is for a four bedroom property
  • LHA rates will be reduced so that about three in ten properties for rent in the area should be affordable to people on Housing Benefit  rather than five in ten properties.

In most cases the Government will protect you from the changes, if you claimed Housing Benefit before 1 April 2011 for a limited period of time, to give you more time to consider your options.

When will the changes affect me?

If you make a new claim or change of address claim on or after 1 April 2011, you will be affected by the following changes straight away:

  • The maximum level will be for a four bedroom LHA rate, with no five bedroom rate anymore
  • No maximum £15 weekly Housing Benefit excess that some customers previously received under the LHA arrangements
  • LHA rates will be based on rents for three in ten properties in the area being affordable to people on Housing Benefit rather than five in ten.

We get the LHA rates monthly from the Valuation Office Agency (VOA), so you can check the LHA rates before you claim and before you make a new tenancy agreement with a private landlord.  For further information visit the LHA Direct Website or telephone us on 023 8068 8046.

Is there any protection from the changes to LHA?

If you are already claiming Housing Benefit before 1 April 2011, you will normally have more time before the changes to LHA affect you.  This is called transitional protection.  If your circumstances do not change, you will have nine months from your LHA anniversary date at your current LHA rate.  If you change address or have a change in your household that reduces your LHA bedroom entitlement, protection from the changes stop.  The change that is not protected is the loss of the excess Housing Benefit, of up to £15 weekly that some claimants get.  If you got this before 1 April 2011, you will lose it at your LHA anniversary date.  So Housing Benefit cannot be higher than the rent you pay to your private landlord.

For example, if your LHA anniversary date is in June 2011, you will be protected from the changes due to the caps and LHA rates based on three in ten rents being affordable in the area, until March 2012. However, if you got £15 excess Housing Benefit, you will lose it in June 2011.

When is my anniversary date?

Your anniversary date occurs each year after the date you made your current claim.  For example, if you claimed Housing benefit on 5 September 2010 your anniversary date will be 5 September 2011.  If you got £15 excess you would lose it on September 2011.  However you would be protected from other LHA changes for nine months until June 2012.

Can my anniversary date change?

Yes.  If any of the following changes occur , your anniversary date will change:

  • A single person becomes 25 years old
  • A non dependant joins or leaves your household
  • A child becomes 10 or 16 years old
  • Your claim is backdated to an earlier date

This will change your anniversary date to a year from the change in your household or the earlier start date of your backdated Housing Benefit.

How will LHA rates based on rents for three in ten properties being affordable affect me?

From 1 April 2010, LHA rates from shared room rates to four bedroom rates are going down.  This is because the VOA will no longer provide LHA rates based on rents in your area for five out of ten being affordable.

To give you an idea of what LHA rates might be from April 2011, the VOA is publishing what they call LHA 30th percentile rates each month.  These are only estimated figures, but will give you an idea of how much lower the LHA rates will be.  Visit the VOA LHA Direct website.

The LHA Rates for Eastleigh's Broad Rental Market Area (BRMA) is in a list which is for the whole of England.  Eastleigh's BRMA is Southampton.  If you do not know which BRMA you live in, or are thinking of moving to, use the postcode search facility first or ask us for help.  Real LHA rates based on three in ten properties being affordable, will be available from March 2010 onwards from the VOA LHA Direct website.

When will LHA rates based on rents for three in ten properties being affordable affect me?

If you make a new or change of address claim on or after 1 April 2011, LHA rates based on rents for three in ten properties being affordable will affect you straight away. 

If you were already claiming Housing Benefit before 1 April 2011, you will be protected from LHA rates based on rates for three in ten properties being affordable for nine months after your LHA anniversary date.

What if I think I will be affected by the LHA changes in the future?

You can talk to your landlord about the changes and see if they will drop the rent on your property.  If you know you are about to renew your tenancy agreement, you need to make sure the rent will be affordable after your protection runs out. The protection is there, to give you more time to start looking for somewhere cheaper.  If your landlord agrees to reduce the rent to or near the lower LHA rate, we could pay them Housing Benefit direct.

My landlord won't reduce the rent or I have renewed my agreement

The Housing Benefit Section may be able to help you with a Discretionary Housing Payment to meet the shortfall.  The amount of money available is limited.  They will consider your circumstances carefully.  If you want to talk to them please telephone 023 8068 8046

Further information

If you want to know more about the changes and how they will affect you please telephone 023 8068 8046, visit us at The Civic Offices, Leigh Road, Eastleigh, SO50 9YN or email revbens@eastleigh.gov.uk

 

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