13 WEEK PROTECTION / SSSC UNDEROCCUPYING

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  • #46247
    Marie Crawford
    Participant

    Council Tenant

    Satisfies criteria for 13 week protection

    underoccupying by 1 bedroom.

    what rent will be used in calc for first 13 weeks – actual rent or actual rent less 14%?

    Thanks

    Marie

    #130463
    nickkeogh
    Participant

    If you take 14% off then there’s no protection is there?

    #130464
    Marie Crawford
    Participant

    might be partial benefit?
    or have a ND?

    #130467
    nickkeogh
    Participant

    You’ve lost me now I’m afraid Marie. If she satisfies the 13 week protection then there is no restriction to the rent until the 13 weeks are up – partial benefit and non-deps are only factored in once the 13-week protection has been applied.

    #130476
    Marie Crawford
    Participant

    I think I’m confusing myself too!!!!
    I have re-read some guidance (although what I’m reading is referring to LHA casees) which definitely states that during those 13 weeks the eligible rent is worked out in the same way as a standard case – and this cannot be restricted in anyway. Any idea where I might find the relevant guidance for LAHRA’s?

    #130492
    seanosul
    Participant

    The 14% reduction is the equivalent of restricting the eligible rent of a two bed property to a 1 bed property. If the tenant was able to afford their property for a year prior to claiming HB, then no restriction would apply for a period of 13 weeks.

    Income above tapers, non dep deductions, etc are a differnt decision.

    #131093
    Jane Gilmore
    Participant

    Does anyone know if the protection ends when there is a rent increase? If this is the case, then anyone who thought they would be get the 13 / 52 week protection will be very disappointed indeed…

    We have received the following interpretation of legislation and wonder whether this is correct or indeed fair:

    HB 12B(1) as amended says –

    The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where any of the following provisions applies—

    (a) regulation 12BA (eligible rent and maximum rent (social sector));

    (b) regulation 12C (eligible rent and maximum rent);

    (c) regulation 12D (eligible rent and maximum rent (LHA));

    (d) paragraph 4 of Schedule 3 to the Consequential Provisions Regulations

    So, we look to the new HB 12BA –

    Here is an extract of what I’m preparing for TBD

    Protected rent – Social Sector

    HB 12BA(6)

    HB 12BA(7)

    HB 12BA(8)
    13 weeks protection for a person who could previously afford all the financial commitments for his dwelling – social sector

    Eligible Rent is equal to rent liability

    LESS

    any ineligible charges included in the rent

    UNTIL

    the earlier of –

    · 13 weeks has elapsed, or

    · the death of a linked person, or

    · a change of circumstance occurs that determines a new eligible rent that is equal to or more than the eligible rent previously determined, or

    · a change of address, or

    · the eligible rent no longer falls to be determined under social sector rents,

    so long as the claimant or a linked person was able to meet all the financial commitments for the dwelling when the tenancy started

    AND

    he had not been entitled to and awarded HB during the 52 weeks prior to the date of claim

    Meeting all the financial commitments for the dwelling means being able to afford all bills such as Council Tax and all utilities as well as the rent

    HB 12BA(3)

    HB 12BA(4)

    HB 12BA(5)

    HB 12BA(3)

    HB 12BA(4)

    HB 12BA(5)
    52 weeks protection following a bereavement – social sector

    Claimant receiving HB at the time of the death

    Eligible rent is the eligible rent that applied on the date of death until the first of the following events –

    · 12 calendar months has elapsed since the date of death, or

    · a subsequent death occurs, or

    · a change of address, or

    · a change of circumstance occurs that determines that determines a new eligible rent that is equal to or more than the eligible rent previously determined, or

    · the eligible rent no longer falls to be determined under social sector rents

    Claimant not receiving HB at the time of the death

    Eligible rent is the value of rent liability

    LESS

    any ineligible services,

    until the first of the following events –

    · 12 calendar months has elapsed since the date of death, or

    · a subsequent death occurs, or

    · a change of address, or

    · a change of circumstance occurs that determines that determines a new eligible rent that is equal to or more than the eligible rent previously determined, or

    · the eligible rent no longer falls to be determined under social sector rents

    You will see that where there is a change of circs during the protected period that means a new eligible rent is to be determined and it is equal to or more than the protected rent it ends the protected rent period; this includes a rent increase.

    There is no rule in the social sector that I can see that says once determined the eligible rent lasts for a set period of time or that only certain “relevant” CoCs apply.

    The social sector rules are a percentage deduction from the eligible rent, NOT a comparison of the LHA rate and the maximum rent LHA.

    #131104
    seanosul
    Participant

    I’d agree with you Jane, in effect if Councils increased their rent in April, no 13 week protection applies (or 52 week protection) for those cases where protection would have started last financial year, save for the absence of the size criteria.

    [b]There is no issue of balance to pay.[/b] Seems harsh but at least it is easier to administer than protecting at the old rate.

    #131105
    Jane Gilmore
    Participant

    Our appeals officer has actually offered a different slant, which I think is much more fair:

    Rent increases during protected rent periods

    Just for clarification,
    a rent increase would only terminate protection where the eligible rent (taken into account any social sector size restriction) would be higher than previously protected rent level
    a rent increase would not terminate protection where the eligible rent (taken into account any social sector size restriction) would be lower than previously protected rent level

    Does this make sense?

    Example 1

    Protected pre-April rent = £50.00pw
    Post April rent = £60.00pw
    Eligible rent (after SSSR) = £60.00 – 14% = £51.60pw

    As protected rent < new eligible rent, protection ceases and you pay based upon new eligible rent of £51.60pw Example 2 Protected pre-April rent = £70.00pw Post April rent = £80.00pw Eligible rent (after SSSR) = £80.00 - 14% = £68.80pw As protected rent > new eligible rent, protection continues at £70.00pw

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