If a claim is received at the LA on Friday 28/03/08 but the tenancy is not commencing until 10/4/08 (ie claim made in advance) will LHA apply?
My thoughts are:-
Reg 83(10) would mean that the date of claim would be any day in the benefit week before the tenancy commences (entitlement to HB commences) so this would be w/c 30/3/08 and LHA would not apply.
If the claim is received at the LA on Monday 30/03/08 then the claimant would be entitled to HB in the next benefit week (liability commences 10/4/08) so the date of claim is 30/3/08 and LHA would not apply.
In addition, if an advance claim is received after 7/4/08 so LHA does apply, and the date of claim to be used as per Reg 83 any day in a benefit week which contains 2 months (eg w/c 29/6/08) would we be able to use June or July’s LHA rate whichever is more beneficial?
Help!!
