Help!! Transitional Protection Query

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  • #34607
    admin
    Keymaster

    Any advice/help much appreciated as we have three different interpretations of the regs in this case!

    An LHA claimant with entitlement from March 09 is entitled to the 6 bedroom rate. In December 09 a son becomes 16 so in theory they need 7 beds.
    Under the transitional scheme is it correct that although this change increases their bedroom needs to a level not covered under LHA now, it still counts as reconsidering them under LHA rules and because of this, they would get transitional protection at the 6 room rate for 26 weeks after this date unless no other change in this time?

    Unfortunately in January 2010 a daughter also becomes 16 which pushes them up to a theoretical 8 beds. As we are considering them under LHA rules again within the 26 weeks do they then revert back to ceiling 5 bed rate from January?

    An alternative interpretation is as the household changes have no effect under LHA now they keep the 6 bed rate until their anniversary date & for 26 weeks after that?

    Or they revert back to 5 bed rate once son is 16 with no transitional help.

    #97296
    Andreas
    Participant

    I think there is a change to the category of dwelling that occurs in December which you can’t ignore. This change would set a new anniversary date and determine which month’s LHA rate is applicable to the claim (even though the amount may not increase). In other words, I believe household changes do have an effect. Similarly, you will need to change the category of dwelling again in January 2010.

    As for the transitional protection, as I understand it, the change in December would increase the number of rooms but the new rate will be capped at the 5-bed rate. As such, if entitlement decreases, the protection should kick in for the 26 weeks.

    The same thing will happen again in January so you will need to reapply the transitional protection for the remaining number of weeks (i.e. not another 26 weeks).

    Once the protection has expired the claim will revert to the 5-bed LHA rate (based on the 8 room category of dwelling) and the new anniversary date will be January 2011.

    #97297
    admin
    Keymaster

    many thanks for your help.
    Your interpretation is the one I went for, but which was not supported by one of our trainers.

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