Terms & Conditions

[Anonymous]

Hello all,

There appears to be a contradiction within the DWP LHA procedure manual (shocker) re change of circs and LHA rates.

In paras 3.61 & 3.63 it says that a change in the number of occs etc has to affect the LHA rate for a new LHA rate to be applied to the claim and a new anniversary date set.

In paras 3.67 to 3.69 (late notification) it says that the LHA rate is based on that applicable at the time of the change and the example confirms that the anniversary date changes to match.

Nowhere does it say that the beneficial change has to be one which would affect the actual rate of LHA, so it could be an income change which just affects the amount of benefit paid not the LHA rate itself.

So, do we re-set the LHa rate and anniversary date whenever there’s a change or not? Or does it depend on what kind of change it is?

The more I read it, the worse it seems to get!

Thanks. 😕

[cbuck]

For an ongoing LHA award a new maximum rent (LHA) can only be determined following:

[list:a493644be1]change of dwelling
anniversary of LHA date reached
change in the category of dwelling applicable
a death where there is no change in the category of dwelling[/list:u:a493644be1]
[Reg 13C paras (2) and (3)]

The LHA date is defined in 13C as being the date used to identify the LHA rate applicable (date of change). This is the “relevant date” defined in reg 13D.

So if you have had one of the changes detailed above you would recalc maximum rent (LHA) and re-set the LHA date to whatever date your change actually happened. The applicable LHA rate is that which applied at the date of change, regardless of whether you apply the change until later because of a late notified beneficial change.

The proposed amendments to the amendment regs going through at the moment should mean that the effective date for applying the new maximum rent (LHA) will align nicely with the change of circs effective date.

A change in income alone would not require a new maximum rent (LHA) so would not affect the LHA date or anniversary of same.

Hope this helps 🙂

[Anonymous]

I seem to remember that one of the examples in the guidance manual was a late notified income change – obviously completely incorrect, and you have to ask whether the author of the manual knows anything about LHA! I don’t use it any more as it was clearly written based on the pathfinder scheme.

[Author]

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