Date new LHA rate to take effect from ?

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  • #34776
    asc
    Participant

    Hello, please can you offer some advice on the following :

    a new baby is born on Monday 7th June and the CB also awarded from this date. The baby is included on the claim from the 7th. When should the 2 bed LHA rate apply from ? Should it be the 7th June or the 14th June

    The Shelter book (page 142) suggests that if the change in size or category of the dwelling changes and this occurres on a Monday then the new LHA rate would apply from that same Monday. However if the change happended on the Tuesday – Sunday then the new LHA rate would apply from the following Monday ? Is this correct as the Regs it has quoted – DAR 7A & 8(15) are not clear

    Any help very much appreciated, thanks

    #97735
    mw2014
    Participant

    The wording of paras 9.13 and 9.14 changed completely between the 2009/10 edition that I believe you have looked at, and the 2010/11 edition, of the Shelter/Zebedee book (now page 146 in the latter).

    Application of the new LHA rate with effect from the day it occurs is restricted normally to changes arising from the anniversary date being reached, i.e. per HB reg 13(c)(3), and as provided for in associated DAR regs 7A and 8(15).

    However, the circumstances you have set out potentially result in the changes in that week being effective in different weeks such that HB reg 79 might apply, so that all changes are effective from the first Monday, 07 June. If Child Benefit is awarded from 07 June, as a relevant benefit DAR 8(14) makes that the effective date, though ordinarily a new baby would only warrant a change in applicable amount/LHA from the Monday following?

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