LHA Safeguarded Claimants Request Form Guidance Notes (PDF - 27k - 2 pages)
Safeguard request form (this form should not be used for those tenants with rent arrears, see below for this request form.)
Local Housing Allowance: Safeguarded Claimants
Local Housing Allowance is usually paid to the claimant. The claimant cannot decide to have their Local Housing Allowance paid to their Landlord. But we can pay Local Housing Allowance to the landlord if we decide a claimant meets our safeguarding criteria.
From 1 April 2011 where the chargeable rent is the same as, or lower than the monthly LHA rate, and where a claimant consents, payment of housing benefit can be safeguarded to the landlord.
What do we mean by safeguard?
Someone who meets our safeguard criteria may have difficulty managing their money. We do not mean someone who does not want to pay his or her rent.
Who decides who meets our safeguard criteria?
The local council decides if a claimant meets our safeguard criteria. We must have evidence that the claimant cannot manage their money. Evidence must usually be in writing. People who can provide evidence include:
- The claimant
- Friends and family
- Welfare groups (including money advisors)
- Social Workers
- GP
- Criminal Justice Social Workers
- Jobcentre Plus
- The Pension Service
- The landlord (a supplementary letter would be required from the claimant or a third party)
We will work with the claimant in making our decision.
Who might meet the safeguard criteria?
There are many reasons why someone cannot manage their money. A claimant who may meet our safeguard criteria might be someone who:
- Has a severe debt problem
- Has a recent Sheriff Court/County Court judgement against them
- Is an undischarged bankrupt
- Has some of their Income Support or Job Seeker’s Allowance paid direct to gas or electricity company by Department of Work & Pensions
- Is getting Supporting People help
- Is getting help from a homeless charity
- Has a chargeable rent the same as, or lower than the monthly LHA rate
We may look into whether the claimant:
- Has learning difficulties
- Has an illness that stops them managing on a day-to-day basis
- Cannot read English
- Cannot speak English
- Is addicted to drugs, alcohol or gambling
- Is homeless
There may be other reasons why someone might require to be safeguarded. Ask us for more information. Details about how to get in touch with us are at the end of this page.
Making a decision
Once we have collected evidence we will decide as quickly as possible if a claimant requires to be safeguarded. We will still pay Local Housing Allowance to the claimant while we are making our decision.
We will tell a claimant they are safeguarded. We will write to the claimant and explain the decision.
Reviews and appeals
If the claimant or landlord disagrees with our decision they can appeal. The rules for this are the same as the rules for Housing Benefit. Details about how to get in touch with us are at the end of this page.
We can look at this decision again. This is called a review. We must get the request for a review within one month of the date of the decision notification letter. If we do not get it within one month, we may not be able to look again at the claim.
Money Advice
| Claimants can get help managing their money from: |
Scotcash Money
Advice Service
55 High Street
Glasgow
G1 1LX
Telephone 0141 276 0525
Quoting Reference: GCCHB |
Or they can visit a welfare organisation such as Citizens Advice.
Further Information
If you want more information on safeguarding:
Phone us on 0141 287 3579
| Or visit us at |
Housing Benefit Office
280 George Street
Glasgow
G1 1PR |
Link to this information in a printable format:
LHA Safeguarded Claimants Request Form Guidance Notes (PDF - 27k - 2 pages)
Safeguard request form (this form should not be used for those tenants with rent arrears, see below for this request form.)