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How do LA’s expect to educate tenants who chose not to pay the rent?
LA’s will work closely with landlords to establish if arrears exist or whether the claimant can be considered vulnerable.
Will the LA pay the 8 weeks shortfall to the landlord?
No, but landlords should let the LA know as quickly as possible where rent arrears exist and each case will be looked at individually.
Can the LA withhold the first 8 weeks benefit?
If there’s any doubt about whether a claimant may not pay their rent then the LA can suspend their payments or, issue the first payment to the landlord but for all future payments the LA will need to investigate potential vulnerability or wilful non-payment.
What if I do not want housing benefit to be paid direct to me?
The regulations only allow LA’s to pay landlords direct where vulnerability exists or there is a doubt over the claimant’s intention to pay their rent. You would need to provide evidence to support your vulnerability claim.
Who gauges vulnerability, can the tenant do that?
No, it will be up to the LA to make that decision based on the evidence supplied by all relevant parties.
What about data protection and the person affected by the decision?
LA’s cannot discuss a claimant’s personal and financial information with a landlord. However, we can confirm the receipt and progress of a claim if the claimant gives us a signed authorisation to do so. Benefit claim forms are being amended for this purpose.
Are we notified as agents when the claimant is paid?
No, if the payment is being sent direct to the claimant, the landlord will not be informed. Confidentiality has not changed.
Can a claimant sign a document so that the landlord can be notified regularly that the tenant is getting a payment?
No, LA will not be sending out notices to landlords but if the claimant gives us a signed authorisation to say we can talk to their landlord then we can confirm the status of a claim.
What about our responsibilities if an overpayment is made?
An overpayment is generally recovered from whoever receives the payment of benefit. However, each case is individually considered as to why the overpayment occurred. Even where payments are being sent directly to the landlord, if the LA considers the landlord would not have known an overpayment was being made then the overpayment would be recovered from the claimant.
Under the new LHA scheme, most payments will be sent to the claimant, so the landlord will not be affected. If payments are being sent to the landlord then the decision process as to who was responsible will still be the same as it is now. All persons affected will have the right of appeal.
We provide accommodation for vulnerable tenants how are you going to collect your evidence?
From any source we can, all Nottinghamshire LA’s have developed a common ‘Direct Payment Policy’ and the way we will look for information is described in the policy.
What if I don't have a bank account?
Evidence to open account is more or less the same as is used for claiming a benefit. Most banks will allow you to open a basic bank account.
Could the BRMA's change?
Yes they will. They will be constantly reviewed to take account of new developments and changes to the community
Is the under 25-year old rule still the same?
Yes it is
Which tenancies are considered when the Rent Service is deciding the median rent?
The Rent Service will only look at the private rent sector when deciding the median rent and mobnthly local housing allowance figures.
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