Reply To: 13/52 week protection

#94751
Anonymous
Guest

In the second situation you propose the rule about the “relevant date” and the anniversary date would still apply in my opinion.

The anniversary date is one year on from the relevant date. The relevant date can be either the date of claim, or the date of death if a maximum rent LHA has already been determined (Regulation 13C)

If we presume in your example that a maximum rent LHA had not previously been determined the relevant date would be the date of claim.

The protection applies for 12 months from the date of death, rather than the date of claim, but you haven’t suggested when the date of death was.

So for example, if in the case you describe, the “linked person” died on 10 April 2008, the protection would last until 10 April 2009. (Regulation 12D(7)(a) At this point the Maximum Rent LHA that would be used is that which applied upon the date of claim (i.e May 2008) This would then be superseded on 10 May 2009 (the anniversary date)

If the date of death and the date of claim were the same day (for example a surviving partner of a claimant makes a claim under Reg 83 (5)(c)) then the anniversary would fall 12 months on from that date (10 May 2009 in your example)

If a death occured in a case where a maximum rent (LHA) had already been calculated then the protection would expire on the anniversary date and again the maximum rent LHA appropriate to that date (the anniversary) would be used for a further year.