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If you think you may be entitled to local housing allowance, you should claim as soon as possible. In some circumstances you may be able to request for your claim to be backdated.
If a claim is backdated prior to 7 April 2008, the eligible rent will be calculated using the 'old' housing benefit rules, as this was prior to the local housing allowance being introduced. If your claim is backdated prior to 7 April 2008, you may be entitled to less housing benefit.
How to claim local housing allowance?
To claim your LHA, you will need to fill in the Housing Benefit Application Form (HB1). This form is available from:
Find out more about the Housing Executive's application process in our 'How to claim Housing Benefit' section.
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Can I backdate my claim?
As of 6th October 2008, you can backdate your LHA claim for up to maximum of 6 months if you had "continuous good cause" for not making a claim during a period in which you were entitled to it.
Prior to 6th October 2008, you could have requested for your entitlement to be backdated for up to 52 weeks.
"Good cause" does not have a firm definition. The Housing Executive may accept your state of health or unfamiliarity with the benefit system as "good cause" and must examine all relevant evidence in your case before they reach a decision.
If you are over 60 and you failed to claim during a period in which you were entitled to claim local housing allowance, you will be able to get your claim backdated without having to show "good cause".
Remember, if your claim is backdated to before 7 April 2008, you will not be assessed under the local housing allowance rules, but under the pre-existing housing benefit rules.
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What if my circumstances change?
Once you are awarded local housing allowance, the rate you are entitled to will generally apply for a year. At the end of the year, your rate will be reviewed. Your claim will also be reviewed if your circumstances change.
On 1 April 2011 the level at which local housing allowance is calculated was reduced. This will mean that new LHA claims will be awarded at a lower rate. You may not receive enough LHA to cover your entire monthly rent and you will have to make up the shortfall yourself.
If you were awarded LHA before 1 April 2011 the new, lower rate will start to apply:
- When your circumstances change and your claim needs to be recalculated, for example your household changes in size and you become entitled to a different size of accommodation; or
- When you move to new private rented accommodation; or
- 9 months after the date on which your claim is renewed. For example, if your claim is due for renewal in June 2011, you will start to receive the new, lower rate of LHA in March 2012. This 9 month period is known as transitional protection.
You should notify the Housing Executive as soon as your circumstances change. If you don't, you may lose out on a higher rate, or you may be liable to pay overpayments. It is important to keep your claim up to date.
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