Reply To: LHA and advantageous changes



I’ve been reading the new regs this week and view your post with much interest.

I’m not proposing an alternative view but just to play devil’s advocate here:

After April 08 we’ll be determining LHA levels regularly. Some will relate to new claims, some to changes of address and some to changes of circumstances meaning the claimant will be placed in a new accommodation category.

With new claims, we’ll be determing the LHA at the date of claim (regardless of when we actually do get round to making the determination) so I read that the date of the determination will be the date of claim. For example, claim received on 17 April 2008, LHA determined on 30 April 2008 due to backlog – the determination is effectively made on 17 April 2008.

So to follow, when someone reports a change in their circumstances, we would be making the determination on the date it is effective from (notified in time or a disadvantageous change) or the date we were otherwise told (advantageous but notified out of time) again regardless of when we make the determination.

E.g. claimant qualifies for 1 bedroom but has a baby on 1 May 2008 and tells us on 8 May 2008 – date of determination is 1 May 2008. If she didn’t tell us until say 5 June 2008, then that (5 June) would be the date of determination.

So we’ll still be applying the late notification rules.