Change in HH but already receiving Max 4 Bed Rate

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 7 posts - 1 through 7 (of 7 total)
  • Author
    Posts
  • #38786
    fox_lz
    Participant

    Claimant is in receipt of the 4 bed LHA rate of 107.40 from Nov 10. A non dep has now moved in from July 11(would have got 5 bed under old rules).

    My query is as follows.

    Claimant is already in receipt of max 4 bed rate and allough we can not award the 5 bed rate our 4 bed rate in July is 108.39, so a small increase in Novembers rate. Do we reassess HB and award the July rate, This would end TP or do nothing as they already receive max rooms?

    #109634
    Andreas
    Participant

    As the claimant is already receiving the 4-bed rate and would continue to do so there is no change in the Category of Dwelling so the existing rate continues as is (as will any TP).

    #109640
    fox_lz
    Participant

    Thanks Andreas, just thought i might be missing something

    #109642
    peterdelamothe
    Keymaster

    So what if the non-dep then moves out? Will that mean the claimant loses the TP?

    #109644
    fox_lz
    Participant

    Good question Peter?? The claimant is now loosing out albeit by pence?? Maybe not something that will pop up often but still worth exploring? If my original thinking was right then no because the category of dwelling has not changed and TP would continue. However I can see the argument for both scenarios.

    #109646
    Andreas
    Participant

    Have a look at this forum… you’ll see I wasn’t convinced because of the way size-criteria is worked out but the consensus seems to be once the Category hits 4-rooms any changes that would result in the Category remaining at 4-rooms are ignored.

    It would have made more sense to me if there was a bit that says ‘up to a maximum of 4 occupiers’ in the size-criteria reg!

    LHA 5 bedroom protection

    #109653
    fox_lz
    Participant

    Had a look at the forum topic. I dont this this scenario even entered anyones thoughts when the legislation was passed. Possibly because it was fast tracked 😀 However i fail to be convinced? I will leave the claim as is. However i will be contacting our legal department and DWP for clarity!

Viewing 7 posts - 1 through 7 (of 7 total)
  • You must be logged in to reply to this topic.