If you are awarded local housing allowance, you will usually have the right to choose whether you want the allowance to be paid to you or directly to your landlord.

• Who is local housing allowance paid to?
• What happens if the rent is lower than my LHA?
• Can I get a 'top-up' if the LHA doesn't cover my rent?
• Challenging LHA decisions

Who is local housing allowance paid to?

Payments will normally be made to yourself as the tenant, except under the following circumstances:

• you request or consent to payments being made to the landlord,
• payment to the landlord is in the interest of you or your family,
• you are six or more weeks in rent arrears,
• you are vulnerable or unable to act for yourself,
• a direct deduction for rent is being made from your Income Support or Jobseeker's Allowance,
• there are outstanding benefits after the death of the claimant.

The Housing Executive will usually pay LHA direct to your or your landlord's bank or building society account or, if that is not possible, payments will be made by cheque.

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What happens if the rent is lower than my LHA?

Until 31 March 2011, some claimants were able to keep up to £15 of LHA if their rate of LHA was higher than their rent.  From 1 April 2011 claimants will no longer be entitled to this surplus. If you were in receipt of an excess payment, this will cease when your LHA claim is reassessed.

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Can I get a 'top-up' if the LHA doesn't cover my rent?

You will not be given a 'top-up' or extra benefit if your rent is higher than the local housing allowance awarded to you.

If you take up a tenancy in accommodation with a rent higher than the rate of your LHA, you will have to make up the shortfall yourself. LHA rates will be reduced from 1 April 2011 which may mean you are no longer able to afford your current accommodation.

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 from the date on which your claim is due for renewal.  For example, if your claim is due to for renewal in June 2011, you will start to receive the new, lower rate of LHA in March 2012.

You may, however, still be able to apply for a discretionary housing payment. If you are worried about being able to afford the rent on your home, you should seek advice.

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Challenging LHA decisions

You can challenge decisions on LHA claims in the same way you would challenge housing benefit claims. Start by asking the Housing Executive to look at the figures a second time. This is known as reconsideration. You must ask for this within 4 weeks of the receipt of the decision letter. If this fails, you can appeal to an independent tribunal.

Most LHA decisions can be challenged this way, including a decision to pay or not to pay LHA directly to the landlord. However, some decisions, such as the level of LHA rates, cannot be appealed.

Contact an advice agency if you're having difficulties with challenging LHA decisions.

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