Reply To: Providing information to the Rent Service post April 2008


junderwo – I agree that you are correct in noting that the current drafting of Regulation 114A (1) does not require information on rents to be passed to the RO when the case is assessed under the LHA National Scheme.

This is because 114A (1)(b) refers to Regulations 12A and 12E to 12K, all of which relate to the Pathfinder scheme only.

I made this point on this thread on 19 November 2007.

I contacted the DWP about this seeming drafting error at the time I made the posting, and they acknowledged it then. Since that time the “Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations” have been circulated in draft form, and in these amendments 12A has been substituted by 12D, which is the correct reference for the National Scheme.

Therefore, while this particular issue is legally academic at the current time, the issues discussed in this thread will have a substantial legal basis when the amended Regulations are passed.