Terms & Conditions

[J Cox]

Hi,

scenario: Claimant has 5 bed rate. Child turns 16 meaning they ‘need’ another room. The rent is capped at 5 bed rate from the Monday after the child’s birthday.
Does this require a new LHA date – that being from the child’s birthday.

I didn’t think so as Reg 13C and 13D seem to suggest no new LHA determination is required. However, Academy appears to want to amend the claim from the Monday and input a new LHA date.

[Kevin D]

Hmmm…. This is one of those “interpretation” questions…

HBR 13C(6) provides that “the LHA date” means the date by reference to which the local housing allowance used to determine the maximum rent (LHA) was identified.

I think it is *possible* to argue that although the 5-room cap still applies, the “determine” date is the date from when the extra room is needed. The logic is that a determination is still needed; it just so happens that the 5-room cap still applies (but it is nevertheless newly determined).

[J Cox]

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.

[J Cox]

Does anyone have any thoughts on this? Kevin – have you thought any more about this?

I’ve re-read the regs and cannot actually see a new determination is required. Once you get to 5 you stop, there is no need for further determinations above this.

[Ozzies Mate]

Maybe a bit late but this is just something Academy does because it recognises the need for a room revision.

All you need to do is overtype your correct LHA date & away you go.

[J Cox]

Not a little late at all, I still have this as an outstanding query!

It’s ok overtyping it, but ours seems to want to keep amending it each time you go in to Rent Costs frame (on release 52). A manual workaround is ok, but it’s so easily messed up if someone else goes in to the claim and amends something else and re-saves RentC. However, the workaround was not the concern – I was after an answer to the legal side to take back to Capita! (and it seems you agree with me on this 🙂 ).

Thanks for the reply.

[Author]

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