Changes to LHA rules will exempt survivors of domestic abuse and modern slavery from shared accommodation rules

Young people who have experienced domestic abuse or modern slavery will be exempt from the Local Housing Allowance (LHA) shared accommodation rules from 1^st October 2022.

The new regulations broaden the existing exemptions for young people under the local housing allowance rules for calculating help with private rental costs. This applies to claimants of both Housing Benefit and Universal Credit.

What is changing?

Local Housing Allowance rules are used to calculate how much help private tenants will get with their rent if they claim Universal Credit or Housing Benefit.

The shared accommodation rate (SAR) is the lowest local housing allowance rate. It is only enough to help with the costs of renting a room in a shared house or flat. 

The SAR is the maximum amount of universal credit or housing benefit that can be paid to people aged under 35 who

• do not live with a partner, and
• do not have any dependent children.

There are a number or exceptions which allow a single person under 35 to get the higher one bedroom LHA rate. These new regulations extend the exemptions to include young people under 35 who have experienced domestic violence or modern slavery. 

Who is exempt from the shared accommodation rate?

From 1^st October 2022 a single person with no children who is under 35 will be exempt from the SAR rules if they are

• under 35 and a victim of domestic violence
• under 35 and a victim of modern slavery
• aged up to 25 and a care leaver
• under 35 and spent at least 3 months in a homeless hostel where they made use of resettlement services
• under 35 and receive the daily living component of PIP, the middle or high rate of the care component of DLA or Attendance Allowance
• under 35 and the subject of risk management arrangements under the Criminal Justice (Northern Ireland) Order 2008
• under 35 and a foster carer

Evidence needed to prove domestic violence or modern slavery

An  explanatory memorandum to the regulations has been provided. Its states:

Victims of domestic abuse will be required to provide written evidence from a ‘person acting in an official capacity’ that their circumstances are consistent with those of a victim of domestic abuse and that they have made contact with said person in relation to such an incident. 
Victims of modern slavery are determined by the Home Office’s National Referral Mechanism. A claimant who has been the subject of a positive Conclusive Grounds decision which determines someone as a victim of modern slavery, can claim the exemption.

It is expected that around 11,000 young people will benefit from these changes.

If you, or a service user, are impacted by these issues you can contact our helpline for free advice: 

• chat online at www.housingadviceni.org   

• call 028 9024 5640