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UC migration and HB amount

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6 days 4 hours ago #296847 by Times Table
UC migration and HB amount was created by Times Table
Hi,

Currently I'm still on legacy benefits (ESA, HB). As a result of recent rent increases, the HB I claim and receive is quite a bit less than my rent. I am considering requesting a reassessment of my HB so as I might receive an increased amount and get more of my rent covered, but partly as a result of being on the autistic spectrum, I am reluctant to change anything unless I absolutely have to.

My question is as follows: when it eventually comes to migrating to UC, will the portion of UC I receive for housing costs be related to (i) the amount of HB I am receiving at the time (regardless of the rent amount), or (ii) the actual rent amount?

(Obviously, if the answer to the question is (i), then I'll have to be sure that I'm claiming as much HB relative to my rent as I can before the migration to UC happens).

Would appreciate any assistance.

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6 days 3 hours ago #296849 by David
Replied by David on topic UC migration and HB amount
Hi Times Table,

Most tenants of private landlords are not able to get their Housing Benefit increased beyond the specified LHA ( local housing allowance ) amount. Some tenants receive DHPs ( discretionary housing payments ) but these are not included in the UC Managed Migration Transitional Protection.
UC will also use the same LHA amount for a private tenant.
Have a look at this guide from the charity Shelter.
england.shelter.org.uk/housing_advice/be..._to_universal_credit

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 days 4 hours ago #296896 by Times Table
Replied by Times Table on topic UC migration and HB amount
Hi,

Thanks David for your reply and the Shelter link, which I've digested. However, I'm still unclear; I'll try rephrasing the question as maybe I haven't put it very clearly.

When I moved into my flat some years ago, my rent was just a little higher than the LHA at the time, so when I initially claimed HB, the amount I received was almost all of the rent amount.

In the time since, my rent has risen several times; however, since I have still been able to meet my housing costs from combined benefit income and have not been too pressured economically, I haven't requested a reassessment of my rent. (This is partly because I don't want to give the Local Authority any prompt to attempt to get me to apply for UC - I know that they should not do this in these circumstances, but I've heard of it happening; I'm aware that if I move to UC outwith the Managed Migration process then I'll lose any Transitional Protection).

As a result, I'm still getting the same amount of HB as I did when I moved in some years ago, and so my rent amount is now a fair bit higher than the HB amount I receive. The LHA has of course increased year on year in the time I've lived here, so I could receive more HB if I requested a reassessment based on my new, increased rent amount. However, to date I've not requested an HB increase.

When it comes to migration to UC, will the DWP calculate housing costs based on the actual amount of rent I am required to pay (or at least as much of it that can be paid by HB according to the LHA); or will they look at how much HB I've actually been claiming at the time of migration (an amount that is, as things stand, a fair bit lower than the rent and LHA amounts), and effectively say "if you've only been claiming that amount, then clearly that's all you need", and award me the same amount as I'm getting now? If this latter scenario is the case, then clearly I'll end up receiving much less UC for housing costs than I otherwise might do.

I hope that makes more sense. Many thanks again for any help.

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4 days 3 hours ago #296897 by David
Replied by David on topic UC migration and HB amount
Hi Times Table,

Unfortunately you have been misinformed by the rumours that if you report a rent increase to the Council Housing Benefit department they can force you onto UC.
No, a UC agent cannot manipulate the calculation of your UC Housing Costs downwards based on your previous Housing Benefit. It is the current LHA that determines the maximum Housing Costs amount. UC may ask for a tenancy agreement or a letter from the landlord showing the last rent increase.
So you really should report your last rent increase to Housing Benefit and get the help you are due.

David

David

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