Change of Address and date of claim

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  • #33948
    Jayne-T
    Participant

    This is probably a very daft question but if the LHA rate is worked out based on a treated as made date or the date of claim – how does this work for change of address?

    Example

    Customer moves to new property on 19 May 2008. previously being paid Housing Benefit, will now go onto LHA. However they don’t tell us until 3 June 2008. Change is effective from 19 May 2008 but what is my “claim date or treated as made date” that determines the rate of LHA that I will apply?

    Everything I can find either relates to a new claim (date of claim) or a change of Circs (amending a LHA already in place)

    #94591
    Anonymous
    Guest

    My guess would be from the date that the change is dated (effective) from, which in this case would be 19th May.
    Mind you, that would just be too simple, wouldn’t it?? 😉 8)

    #94592
    David
    Participant

    I think this is still a change of circumstance under 13C. In which case, the effective date would be Mon 19 May – a change of address being treated like other changes that may affect LHA.

    #48338
    Anonymous
    Guest

    I think David is right – Reg 13C explains “when a maximum rent (LHA) is to be determined” and para (2)(d)(iii) refers to the “notification of a change of dwelling.”

    Changes determined under 13C are subject to supersession under D&A Regulation 7A(2)

    D&A Regulation 8(15) then states that the effective date is the Monday of the week the determination is made. This suits the example well since 19 May is a Monday, but if the customer moved on any other day, the claim would still appear to be superseded from the Monday.

    #48339
    David
    Participant

    Although I’m satisfied that in the example given, the COC date is the Monday, being the date of move. I had also thought, like Richard, that if the move was on another day, the claim would also be superseded from the Monday of that week.

    Now I’m not so sure! I note that 13Cpara (2)(d)(iii) refers to a past event – ‘where a LHA was determined’. In other words it definitely applies when changing from one LHA to another. But does to apply to the first time that a LHA is awarded on a change of address?

    In which case, are we still left with 79(2A), (I don’t think this has been amended)? This says the COC date is the date of the actual move.

    Is this correct, or have I gone wrong somewhere?

    #48340
    Anonymous
    Guest

    David, I agree that a change of dwelling from LHA to LHA is covered by Regulation 13C(2)(d)(iii) and that I have therefore quoted the wrong part of the regs for the example we started with.

    However, it still appears to me that a move from non – LHA to LHA is a Regulation 13C event by virtue of 13C (2)(c) –

    “In relation to an award of HB where the eligible rent was determined without reference to regulation 13A or 13D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7 April 2008”

    Regulation 79 (2A) hasn’t been amended by SI 2868/2007.

    #94593
    David
    Participant

    Thanks Richard – I think you’ve steered me in the right direction!

    #48342
    Anonymous
    Guest

    Today I have raised the apparent conflict of Regulation 13C(d)(iii) which covers the determination of a maximum rent (LHA) upon notification of a change of dwelling with Regulation 79 (2A) which is the existing rule for when a change in dwelling occurs with the DWP. I will post their reply when received.

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