Reply To: LHA and advantageous changes


I would like to take the thrust of Nicky’s suggested argument, as it applies to changes of circumstances, further.

Whilst Richard has indicated his agreement with Peter’s view, that the event date is all important, the logic used in the end hinges on the key D&A Reg 8(15) as amended. This can be summarised as follows:
[quote:e0c7a64529]A decision shall take effect from the first day of the benefit week in which the determination in accordance with regulation 13C was made[/quote:e0c7a64529]
Under everyday interpretation, surely the determination is made on whatever date the rent officer or local authority decides the maximum rent applicable to the case under consideration? The relevant date is necessary to deciding from which set of values to choose, but would appear to have no bearing on the date from which changed benefit becomes payable.

Peter is clearly right to point to the lack of any safeguard against a claimant withholding information that would otherwise cause the maximum rent to be reduced, and thus also avoiding an overpayment.

However, D&A Reg 8(6) concerned with rent officer (excepting 52 week) determinations works in broadly similar terms to 8(15), and perhaps more clearly sets the effective date
[quote:e0c7a64529]as if that determination or redetermination were the relevant change of circumstances[/quote:e0c7a64529]
The same issue for disadvantageous changes therefore existed before, although LHA could arguably increase the potential for this type of situation to arise.

This really does seem to be something that remains too open to interpretation, and I see remains open on the LHA issues log still.