Reply To: Break in entitlement

Julian Stanbury

I must admit, i’ve been struggling to find the reference to this mystical “1 week break”. So I’m glad to not be alone.

I think the DWP have over complicated or under simplified things. Or the opposite.

Movement onto LHA seems to be to occur when a new claim is made. New claims commonly occur after a period of nil entitlement, which would normally be 1 week at least.

However you can currently have a new claim immediately following an old claim, under the EPP regs. However, there is movement afoot to make dealing with an inwork period after an EPP a change of circs.

I think, not entirely sure as i dislike the wording of the LHA regs, that the concept of “new claim = LHA movement” rests on the duty to determine an eligible rent on a new claim, not the new claim itself.

I reckon this is all in SI 2007 no 2868 Reg 1, paras 5 & 6.

On the subject of rent free weeks, the regs had been changed to draw a distinction between,

a) collection free periods (think council tax, normally feb and mar)
b) rent free periods

Collection free periods represent a collection arrangement, not a rent liability, so HB ignores them and is calculated and paid over 52 weeks.

Rent free periods are factored back into the HB calculation as required.

Rent free periods would not constitute a break in entitlement and there is no need for a new claim to reinstate benefit afterwards.

Hope that all seems ok, any thoughts?