Terms & Conditions

[Anonymous]

One of our assessors has a claim, where the rent has been increased one month after the date of the claim .
So, if we refer to the RO at the original rent, we can not then re refer for the rent increase ( it’s not a condition of the tenancy as far as we can tell).Which seems a tad harsh.
On top of that, the claimant will qualify under the 13 week rule as they haven’t claimed before and could afford the rent when the tenancy began in Febuary.
So, does the 13 week rule apply to the old rent, or will it apply for one month on the old and then the rest of the period on the increased rent?
And is DHP the only way to counteract the fact that we can not re refer the increased rent until 52 weeks?
It’s nearly Christmas and we dont want to be Scrooge.
Thanks :20:

[Kevin D]

I’m pretty sure you’re stuck, strictly speaking, with referring to the RO at the original rent. But, if by any chance you have an assessor that makes lots of mistakes….. *cough*. The irony may be in any case that the ROD comes back at less than both the rent levels.

13 weeks takes effect from the start of the award (i.e. from the first week of HB entitlement). Doesn’t matter what the rent is – there will still be no restriction (barring HBR 12(7)) so long as the clmt satisfies the criteria for non-restriction.

Regards

[Anonymous]

Thanks.
Of couse our assessors never make “mistakes”!

[Author]

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