12D(2)(b)(ii) and 13C

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  • #34027
    janish
    Participant

    12D says LHA shall apply until the earlier of the determination of LHA (change of address etc) or
    (ii) the determination of LHA by virtue of regulation 13C(3)

    13C
    When an LHA is to be determined

    LA shall determine an LHA ….in any case where LA has received a claim where the date of claim falls on or after 7 April 08

    LA shall determine an LHA in any case where para (3) applies.
    (3) This para applies on the anniversary of the LHA date.

    If the intention is to use the LHA rate on the award for exactly one year, (unless ch of address, death etc) then surely the first anniversary is exactly one year from the Start of the award?

    ( Claim received 6 May 2008 ( claim date), award starts 12 May 08, anniversary date is 12 May 09. Amended rate effective from 11 May 09, Anniversary date changed to 11 May 2010.)

    Both the GM and SX3 seem to be saying that the first anniversary is one year after the Claim date, which would make it 6 May 09, effective from 4 May 09. GM does not say what the anniversary date should now be amended to, but presumably it’s 6 May 2010.

    Would someone be kind enough to enlighten me? Please?

    #94953
    yardleys
    Participant

    Janish – I believe you’re correct with the anniversary date being the 12th May 2009 (exactly 52 wks after the start date of entitlement), the GM & SX3 are wrong in this instance!!

    However, which Monday you would apply the new rate from following the anniversary is open to debate at the moment (there are numerous discussions currently taking place about this on this message board!!).

    Some people have said that you would apply the new rate from the Monday of the benefit week in which the anniversary date falls (ie go back), yet others state that you would apply it from the following Monday. The latest we have heard is that it is the latter however who knows – some definitive guidance is required here I think.

    However, when most change in circs are applied from the following Monday of the change why would this be any different – just adding to confusion?!?! 😕

    #94954
    seanosul
    Participant

    I agree with you – the guide is wrong.

    #94955
    Anonymous
    Guest

    Regulation 13D (1)(a) states that the LHA shall be that which is applicable to the “relevant date.”

    13D (12) (a) Defines the “relevant date” as “the date of claim” to which Regulation 13C (2)(a) relates.

    Therefore the relevant date in your example would be 6 May 2008 and the annivrsary date would be 6 May 2009 (“the date on which the anniversary of the LHA date falls” – Regulation 13D (12)(c)

    As the law currently stands a superseding decision regarding an anniversary date is effective from “the first day of the benefit week in which the determination….was made.” This is the New Regulation 8 (15) of the D & A regulations.

    This, however, is not what the DWP intended and they state they are to change the regulations so that a supersession on an anniversary will be effective on a monday if the anniversary falls on a monday, and from the following monday if the anniversary falls on a day other than a monday.

    #94956
    janish
    Participant

    thanks for that

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