Local Housing Allowance

[robin9342]

Sorry if this has already been posted elsewhere. Any benefits experts have the answer to this one?

I currently receive full housing benefit of £400 per month for my 2-bed flat. Local Housing Allowance has now been introduced nationally. My council's website says the LHA rate for 2-bed properties in my area is £550 per month.

I know that the rules say that you are allowed to keep up to £15 per week of the difference between your rent and your LHA, without affecting your other benefits. This would mean that I would get an extra £65 per month in my pocket .

Can I insist that my council change me from the old HB system to the new LHA system (The website says tenants claiming from April). If not, then if I asked my landlord for a new tenancy agreement, would this make any difference?

Also, I have a friend who receives full HB, but her flat was assessed by the rent officer and the HB does not cover the full rent: she has to pay the difference. However, under the new LHA rates, all of her rent would be paid. Would she be entitled to ask the council to change her from HB to LHA? If not, it seems damn unfair!

[robin9342]

Bump. Anyone??

[robin9342]

Update:
I have just had a reply from my council stating that it is not possible to change from HB to LHA unless either 1) You have a break of 1 week or more in your entitlement to HB or 2) You move.

I have asked the council to quote which HB regulation they are using. If they are correct, then this is typical of benefits bureaucracy, where unfairness prevails because some people will be £65 a month better off than others in exactly the same situation .