Can you identify and make a new determination for something that doesn’t need identifying?
The ‘capping’ is just the name we put to it. In the regulations it just says “to a maximum of five bedrooms”. If you exceed this is there any need to identify it. Surely by this paragraph not appplying then no part of 13D(2) applies.
Look at it another way. Say someone needed 3 rooms. A new baby is born that does NOT affect room requirement. They still need 3 rooms. You don’t change the LHA date. All you’ve done is show that 13D(2) does not apply and have not made a new determination. Is this really any different?
I can see what you’re saying up to a point, but would find it extremely difficult to justify this argument over the one above.