Terms & Conditions

[Jayne-T]

Now that a change in rent on an existing property is effective from the day of the change, regardless of the rent frequency- has this affected uprating?

Are weekly rent cases still uprated from 1st Monday in April whilst non weekly cases are uprated from the 1st April. I’ve checked the regs and they seem to remain unchanged regarding uprating, it’s just that if the rent fequency is not taken into account for rent increase , I thought this may have been reflected elsewhere in the regs.

[Ozzies Mate]

My general interpretation is that the upratings would not be affected as they are income changes & so would still abide by the same regs they do now 69(2)(a), (b) & (c) as was 61 I think it is now.

However who knows what will happen by April 07………..lets wait for the upratings circular in December.

P.S. No mention of anything in relation to differences because of the change in rent circumstance was made in the upratings circular for 2006 A24/2005

[Anonymous]

Have a look at Reg 79(3) and (4) (HB working age Regs 2006).

I take this to mean that:

– irrespective of the date on which the uprating Order comes into effect in its own right, it affects non-weekly HB cases from 1 April and weekly cases from the first Monday in April.
– the intention presumably is to align the uprating with Council and RSL rent increases
– if by chance the claimant’s weekly rent increases in the same week as the first Monday in April but not actually on the Monday, Reg 79(4) says that the rent increase overrides the uprating
– similarly, if by chance the c,aimant’s non-weekly rent increases in the same week that 1 April falls in but not actually on 1 April, the rent increase overrides the uprating
– but these are unlilely exceptions: for most claimants, the uprating date will coincide nicely with the rent review date

The new way of converting monthly rents to a weekly equivalent (x12 / 52) doesn’t affect any of the above – it’s a red herring. The effective date of the rent increase will still be the actual day on which it happens – very likely the first Monday in April if you pay weekly and very likely 1 April if you don’t.

Incidentally, I don’t think the annual uprating has ever come into force on a date that conflicts with Reg 79(3) – the HB figures in the Order are always effective from 1 April/first Monday so Reg 79(3) is just belt and braces really.

[Anonymous]

Apologies for resurrecting this one.

From reading HBR 79, it states that when a change in circs occurs, it is effective from the Monday following (79(1)) – All OK so far.

And, when there is annual uprating, the effective dates are 1 April OR first Monday in April. – still OK.

BUT

If there are two changes in the same benefit week then 79 (4) says that all changes will take effect from the first day of the benefit week in which they occur.

So for example (i.e. income change 28 March, monthly rent liability)

Income change would be effective 2 April, annual uprating would be 1 April but Reg 79(4) is saying you take everything back to 26 March.

So how does that fit in with the Uprating coming into effect 1 April / First Monday? Could it be that we would be applying applicable amounts BEFORE they are effective?

[seanosul]

The financial year for weekly cases will start on 2 April, therefore those changes only need to be applied from 2 April.

[Anonymous]

Sorry, still not clear with this one.

Monthly / Daily Rent.

Regs 79(3)(a)(i) has the effective date of the uprating as being 1 April.

Reg 79(4) – if 2 or more changes occur in the same benefit week and would take effect in different benefit weeks, they “shall all take effect on the first day of the benefit week in which they occur”

So an income increase occuring, say on 28 March, come into effect from 2 April BUT as that occurs in the same benefit week as the uprating, which although in the same benefit week is effective from 1 April (different benefit week).

Seems to suggest that the uprating AND the income change both are effective from 26 March (first day of benefit week in which they occur)

Confused I am – and I have to explain it!

[Author]

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