The Government wants to simplify the administration of Housing Benefit.  The six main principles behind the change are

1. Fairness - the same amount of Housing Benefit will be paid to customers with similar circumstances living in the same area
2. Transparency - LHA makes it easier for customers to find out how much rent will be used in their Housing Benefit calculation
3. Choice - customers will have more choice about the quality and cost of the accommodation that they live in
4. Personal responsibility - by paying the majority of customers direct, LHA will encourage them to take responsibility for budgeting and paying the rent themselves
5. Financial inclusion - LHA encourages customers to receive their Housing Benefit by BACS transfer and then to set up a Standing Order to pay their landlord
6. Improving administration and reducing barriers to work - LHA provides greater certainty about the help that's available and will speed up the administration of Housing Benefit claims.  Delays in administration have been identified by the DWP as being a reason why customers are reluctant to return to work

No.  It will only apply to private sector tenants for:

• All new claims received on or after 7 April 2008 (this includes claims where there has been a break in Housing Benefit entitlement of at least one week)
• All claims received on or after 7 April 2008 due to the customer changing address

This means that all existing claims will continue to be paid under the current rules until either there is a break in entitlement or the customer moves address.

No, it only applies to private sector tenancies.  The following types of tenancies are not affected:

• Housing Associations
• Supported accommodation provided by social landlords, charities and voluntary organisations
• Regulated tenancies (i.e. those that started before 15 January 1989)
• Caravans, mobile homes, houseboats, tents, hostels and B&B accommodation
• Tenancies where a substantial part of the rent is for "board & attendance"

This list is not exhaustive.  All the tenancy types listed above will continue to be referred to The Rent Service and Housing Benefit entitlement will be assessed using The Rent Service rental valuation.

The LHA rate that is applied to a particular Housing Benefit claim depends on the size of the customer's household, excluding joint tenants and resident landlords.  It therefore includes partners, children, non-dependants & their family members, sub-tenants, boarders and lodgers.

Unlike the pre-April 2008 size criteria (that is based on "rooms suitable for living in"), the LHA criteria allows one bedroom for each of the following:

• Every adult couple
• Any other adult aged 16 or over
• Two children under the age of 10 (irrespective of sex)
• Two children of the same sex aged 10 to 15
• Any other child

The "shared accommodation" rate applies to most single customers aged under 25.  It also applies to single customers aged 25 and over and couples without children if they choose to live in accommodation with shared facilities.

If this happens, the rent that's used in your Housing Benefit calculation will be capped to your contractual rent plus £15.00.

Joint tenants have the LHA rate applied to their Housing Benefit claim based on the size of their family, including any non-dependants and boarders/lodgers.  A single customer (irrespective of their age) sharing facilities will receive the shared accommodation rate of LHA, subject to the £15 weekly excess limit, if the LHA rate is more than their share of the contractual rent.

The two categories of protection that are applied to pre-April 2008 claims also apply to claims assessed under the LHA rules.  These are:

• 13 week protection.  If you could afford the rent when you first entered into the tenancy agreement and you (and your partner, if you have one) haven't been awarded Housing Benefit in the last 52 weeks, your full contractual rent (less any ineligible service charges) will be used in your Housing Benefit award for the first 13 weeks
• 52-week protection.  If a member of your family has passed away within the last 52 weeks, your full contractual rent (less any ineligible service charges) will be used in your Housing Benefit award until 12 months after the date of the death

Once your award of Housing Benefit has been calculated using the appropriate rate of LHA, this rate will last for 12 months unless there is a change of circumstances that results in a new rate being used (for example, a child is born and you require an extra bedroom).  If there has been no change in circumstances, Housing Benefit will be re-assessed after 12 months using the prevailing LHA rate.

The LHA rate that is applied to your benefit entitlement is the one that relates to the "date of claim".  Therefore, if your claim is backdated, your entitlement must be re-assessed using the prevailing LHA rate as at the backdated "date of claim", and this then lasts for 12 months.

If your date of claim is backdated to before the beginning of April 2008 (when LHA starts), your entitlement will be assessed using pre-LHA rules.

The majority of claims will be paid to the tenant.  However, some tenants will be "safeguarded" and we will be able to consider paying their landlord.  The following are examples of factors that may be taken into account:

• Is the tenant likely to have difficulty paying their rent?  This may be because they have difficulties managing their money due to
  • Learning difficulties
  • A medical condition or mental health problems
  • Difficulty with reading or writing
  • Difficulty speaking and understanding English
  • Drug, alcohol or gambling dependency
  • Escaping domestic violence
  • Recent release from prison
  • Serious debt problems (including being an undischarged bankrupt)
  • Being unable to open a bank account
• Is it in the interests of the tenant to make payments to the landlord?  This is unlikely to be a long-term situation
• Could the tenant pay the rent themselves with appropriate help and support?

This list is not exhaustive and each case will be considered on it's own merits.

If Housing Benefit is paid to the landlord, we will generally only pay them up to the level of the rent that the tenant is liable for.  The "excess" (up to the £15 per week cap) will be paid to the tenant.

However, if the tenant has arrears, we may also pay any "excess" to the landlord until the arrears are cleared.

No.  There is no right of appeal about the rate of LHA that has been used in the Housing Benefit calculation.  This is because the LHA rate is used for all Housing Benefit claims for properties of a particular size and not one individual case.  It would also undermine the transparency of the scheme, which is one of the six stated aims.

However, an appeal can be made about a Rent Service decision for a "Board & Attendance" claim (i.e. one where food is included in the rent that's charged) because these are still referred to The Rent Service.

Yes.  Both the landlord and the tenant can appeal about who payments are sent to.  Any appeal will need to be made in writing explaining why you think the decision that has been made is wrong.