Reply To: LHA and advantageous changes


Good question debbie.

As a trainer I shall be explaining what the legislation says (Reg 13C and D&A Reg 7A and 8(15))

I will also explain what the DWP informed me the was their intention for the legislation (that is that superseding LHA decisions are to be effective from the Monday following the relevant change, regardless of date of notification) and I shall also be explaining why this is not really possible with the regulations in their current form.

In fairness to the LHA implementation team, they have been willing to listen to the concerns raised and have passed them on to their solicitors. I intend to provide trainees with update bulletins when I am notified by the DWP of the solicitor’s conclusions, but until then there is not much else trainers can do.

It’s not merely trainers that are having to wrestle with this issue either: the software suppliers are having to make programming changes, and DWP informed me that two suppliers had raised the same concerns as discussed in this thread, and presumably they too will be waiting on DWP solicitor’s advice.

One thing I do not intend to do is use the DWP Trainer’s Brief. (As already mentioned on this forum) one of the examples contained in that document (on page 20) has an example of an LHA being superseded due to a claimant’s income increasing. It’s quite disappointing that they can issue information like that which is just going to add to the confusion.