Exempt from Shared Rate at end of TP – which rate applies?

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  • #40033
    Jayne-T
    Participant

    We have a case that would be transferred onto the Shared Rate at the end of their Transitional protection in february 2012 but they have the Severe Disbaility premium so they will continue to get the one bedroom rate. At the moment the claim is showing on Transitional Protection with May 2011 LHA rate applying from the end of TP.

    I am testing the new Academy R60.10 and when I exempt them from Feb 2012, it is applying Feb 2012 LHA one bedroom rate. I relaise it applies Feb 2012 rate if Shared Rate applies but I expected it to continue to use May’s rate if they are exempt as there is no change.

    What should it do?

    #114328
    trina
    Participant

    Hi Jayne

    I agree with you.

    At the end of the 9 month TP in Feb 12 they get the May 11 rate they were protected from and then updated again in May 12 for their anniversary. See Reg 12M(4)also see A12/11 para 49 & 50 there is nothing there to suggest that you change the LHA rate in waiting.

    The change of rules for under 35 does not apply if they are exempt so there has been no change that affects the category of dwelling and you would not be using the shared rate in any comparision.

    #114366
    Jayne-T
    Participant

    Thanks for your reply. I have just received an email from DWP confirming that the May 11 rate should apply at end of TP if they are exempt. We have reported this to software provider and they have advised a patch will be sent soon to correct this issue.

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