Advance claims/ new liability & LHA rate

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  • #34000
    lyndah
    Participant

    If a claim is made on 30.05.07 and the rental liability does not start until 1.6.07 would the LHA be May or Junes rate?

    We have so far had conflicting information.

    Am I correct in thinking that advance claims would not be the actual date of claim but the date we are treating as made?

    #94833
    walmslm
    Participant

    My understanding is the treated as made date is used for LHA rate purposes

    #94834
    lyndah
    Participant

    If you are reading the above I should of put 2008 not 2007, just in case anyone picks that up as not being a LHA claim!!!!!!

    #94835
    cbuck
    Participant

    Treat as made date all the way for LHA!

    Mind you, for the example here claim received and liability start fall in same week so there is no deemed date of claim to use (i.e. 83(10) for advance claims) and LHA would be May’s rate.

    #94836
    Anonymous
    Guest

    I was looking at the LHA guidance manual and 3.40 states if a claim is made in April in advance of the period to which it relates (e.g. June), the April LHA is used. If we were using the treat as made date, would this not be June??

    #94837
    david kearney
    Participant

    yes it would. see the thread
    https://hbinfo.org/forum/viewtopic.php?t=11062&highlight=advance+lha

    3.40 isnt worded very well

    #94838
    Anonymous
    Guest

    thanks for that – I was totally lost!

    #94839
    Debbie_Perry
    Participant

    If a claim is received at the LA on Friday 28/03/08 but the tenancy is not commencing until 10/4/08 (ie claim made in advance) will LHA apply?

    My thoughts are:-

    Reg 83(10) would mean that the date of claim would be any day in the benefit week before the tenancy commences (entitlement to HB commences) so this would be w/c 30/3/08 and LHA would not apply.

    If the claim is received at the LA on Monday 30/03/08 then the claimant would be entitled to HB in the next benefit week (liability commences 10/4/08) so the date of claim is 30/3/08 and LHA would not apply.

    In addition, if an advance claim is received after 7/4/08 so LHA does apply, and the date of claim to be used as per Reg 83 any day in a benefit week which contains 2 months (eg w/c 29/6/08) would we be able to use June or July’s LHA rate whichever is more beneficial?

    Help!!

    #94840
    Anonymous
    Guest

    Regulation 83 (10) actually allows you to treat the date of claim as being in the benefit week immediately before the first benefit week of entitlement (rather than the week before the tenancy commences).

    In your first scenario I imagine you want to pay the customer as an LHA case w/e/f 10/4/08 (tenancy commencement). I think you could do that, since the first benefit week of entitlment would commence on Monday 14 April 2008 (a benefit week being a seven day period commencing on a Monday). So you treat the claim as being made on any day in the benefit week before that, i.e 10/4/08, and pay on the LHA from then.

    To your second question relating to two different LHA rates in the benefit week preceding an advance claim, I would think that you could choose the more advantageous rate, and pay the claim on that rate from the following Monday.

    However, you need to note that a new LHA rate will apply on the first WORKING day of the month to which it relates (SI 2871/2007)

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