Effective Date of Change: Rent Increase and Annual Uprating

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  • #46230
    wjhamilton
    Participant

    Hi All,

     

    Right, I've been reading and re-reading Ward & Lister 2012-13 (para 17.27/28) and Reg 79(2), (3), (4) and (5) and I cannot tally the law with their conclusion.  So, I'm going to give you all the basic scenario and see where opinion lies… 😉

     

    Claimant's rent increases 6th April 2013 (calendar monthly rent) – taking into account Annual Uprating on the 1st April 2013, what dates to these changes take effect? 

     

    Cheers,

    Will

     

    Edit:  Sorry, my Ward & Lister is an older one – references update 😉

    #130429
    chris harvey
    Participant

    Ready to be shot down but the rent change on a Sunday is very unusual but it takes effect from the day (Sunday 6th). Uprating of applicable amounts takes effect on the day (Monday 1st). 2 changes in the same week that take effect from the same week are treated separately so uprate from the 1st and change the rent from 6th.

    #130437
    wjhamilton
    Participant

    Hi Chris,

    Thanks for taking a look… Glad I’m not going insane here (unless another fellow poster corrects us both 😉 )

    That’s my interpretation of Reg 79, but not what’s in Ward & Lister; they indicate that the annual uprating trumps for the week and that all changes take effect in line with the first change.

    I can’t see that either of the change “linking rules” (for want of a better phrase!) at 79(4) and (5) apply here:
    (4) is out because the two changes wouldn’t “take effect in different benefit weeks”;
    (5) is out because this involves a changes in 3(a)(i) not (ii) and even still the other change isn’t one falling under the general rule at (1).

    So… unless, we’re corrected, we’ll go with uprating on the 1st and the rent change on the 6th.

    Cheers,
    Will

    #130442
    Kay_Tade
    Participant

    Am I missing something? The 6th of April is a Saturday!! In that case I would opt for changes from the 6th of April…..

    #130443
    chris harvey
    Participant

    No Kay, it’s me having a senior moment. 6th is indeed a saturday!

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