Easy question – Single Room Rent.

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  • #22702
    Jayne-T
    Participant

    This is probably a very easy question – I apologise in advance

    If you have a valid rent officer decision based on a single room rent and the claimant turns 25 – do you have to re-refer or can you just use the Claim Related and local reference rent amounts from the SRR decision?

    #9189
    Anonymous
    Guest

    Use the existing CRR & LRR figures, provided they are still less than 52 weeks old

    #9190
    GHE
    Participant

    Andy,
    I was under the impression that it would need a re referral. Please could you direct me to what says that you don’t need to refer as currently we do. I’m sure our assessors would be glad to know they don’t have to refer !

    thanks in advance

    #9191
    GHE
    Participant

    Also on the topic of SRR —

    If it is a joint tenancy and one tenant is under 25 and the other is over 25. How should this be referred to the rent officer?

    As one referral asking for a srr (which i assume we would then ignore for the over 25 tenant) or

    a referral for each tenant accordingly?

    any advice would be appreciated

    #9192
    Anonymous
    Guest

    There’s nothing in Reg 14 et seq of the HBR 2006 which says you would have to re-refer it, and it is not a change relating to a rent allowance. Any CRR or LRR that came with the SRR would, as far as I can see, be valid for the remainder of the 52 weeks since the initial referral.

    So, to put the ball back into your court, Grahame, where does it say you [i:319a70f99f]should[/i:319a70f99f] re-refer? And doesn’t your Rent Officer send these back saying you’ve already got a valid determination?

    I am also interested in the JT thing…I noticed a claim this morning with three JTs. The CRR has been restricted, and we also have a SRR. Haven’t had time to look into this yet, but I would assume we would use 1/3 of the CRR for JTs over 25 and the SRR for the under 25. Unless 1/3 of the CRR is less than the SRR, I suppose.

    #9193
    David
    Participant

    I’m with andy on this. A clmt becoming 25 is not a relevant change necessitating a re-referral. I’m surprised the R/Officer hasn’t directed you back to the original decision, Grahame.

    Regarding the second point: Pay the lower of one-third CRR or SRR. If not, you could have the situation where 3 tenants under 25 could between them receive more in HB than the rent that’s being charged!

    #9194
    Anonymous
    Guest

    On David’s last point…that did finally occur to me on my second glass of wine with dinner last night. Sad to be thinking of things like that at such a time, I know…

    #9195
    GHE
    Participant

    the reason i want to know where it says we dont need to refer is because i can find anything with says either way. I guess at this authority the decision to re refer at 25 is based on the principle that if there was a change which meant the srr would no longer apply then it needs to be re referred as a relevent change in circs

    The other reason is that our local rent officer says it should be referred and that he will give a new decision. At least if the rent officer refused to give a decision we would know where we are.

    thanks for the comments on the JT

    #9196
    Anonymous
    Guest

    But it is not a relevant change insofar as a re-referral is concerned. The fact that the regs don’t explicitly say that a re-referral is or is not needed means you [i:b3f0199c0f]don’t[/i:b3f0199c0f] have to do it. If it was necessary, then the regs would say so.

    But if you think your Rent Officer knows the HB regs better than you do…

    #9197
    craigworc
    Participant

    Apparently there is guidance somewhere in the regs but where … who knows.

    I would go with the option of using the CRR/LRR that was on the original decision.

    Our rent office have confirmed that they wouldn’t consider the re-referral as it isn’t a relevant change of circs.

    #9198
    Anonymous
    Guest

    The ‘guidance’ in the regs is Regulation 14 and Schedule 2 to the HBR 2006…no matter how many times I read this, I still can’t find a reason to re-submit in the circumstances described.

    (And so much for the ‘easy question’, Jayne-T!)

    #9199
    Anonymous
    Guest

    The following are relevant changes of circs as far as re-referring the rent is concerned (according to HB Gudance Manual):

    Changes relating to a rent allowance
    10.70 Under regulation 12A(1)(b) you must ask the rent officer for a determination when you receive a notification of a change relating to a rent allowance during the HB award.

    10.71 Regulation 12A(8) (don’t know where the face comes from) defines the changes, which are outlined in paragraph 3, Schedule 1A. These are a

    – change in the number of occupiers of the dwelling unless the dwelling is a hostel
    – substantial change in the condition of the dwelling or the terms of the tenancy. Note: A change in the condition of the dwelling includes improvements by the landlord, but not a rent increase, no matter how big the increase, but see below
    – rent increase under a term of the tenancy, and the
    term, or a term which was substantially the same, was included in the tenancy at the time the previous determination was made, and
    determination was not made because of
    a significantly high rent
    the size of the dwelling, or
    an exceptionally high rent
    – significant change in the composition of the household occupying the dwelling, and the original determination was a size related determination. Treat the following as significant changes
    – a child becomes age 10
    – a young person becomes age 16, or
    – a change in the composition of the household occupying the dwelling

    10.72 Any change of circumstances that falls outside those given above is not a change relating to a rent allowance and you cannot apply to the rent officer for a determination.

    10.73 Former paragraphs 2(3)(d), 2(4) and 2(5) of Schedule 1A no longer exist and should not be app

    For me, para 10.72 sums it up by saying if it ain’t there you can’t re-refer.

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