Terms & Conditions

[Anonymous]

Hello,

Apologies if this question has been asked before, but a colleague of mine has a query regarding a case we are dealing with which is:

Claim last paid up to 28 September 2008. Rent Officer Decision on claim dated 24 September 2008 – this would have run out 23 September 2009. We have now put claim back in payment from 28 September 2008 (customer won an appeal at tribunal) – but do not have a valid RO decision to cover the period 23 September 2009 to date – case has ben referred to the RO, but from when can we use the new decision?

My colleague asked me about this as I deal with subsidy, and my concern is paying a claim for such a long period in 11/12 without an RO decision which covers the period of the payment.

Thanks for your help.

Sarah

[nickkeogh]

In my view, as the claim was originally only paid up to September 2008 then you would have no reason to request a new ROD in September 09. If it has now been re-instated then this is the earliest that you would have needed to refer so any decision made now is valid for the period from Sep 08. It’s not the period of entitlement that is key but the fact that you have requested a referral within the necessary time limit (before end of May 2011).

Pre-LHA when new claims were referred then the ROD requested when a new claim was made and 52 weeks backdate was agreed then the ROD would apply for the year of the backdate award so I see no reason why the same principle doesn’t apply in this case. You wouldn’t be expected to carry on referring each year for cancelled claims on the possibility that it may end up being re-instated on appeal so what other choice do you have?

[Anonymous]

Thanks Nick – that sounds logical to me. I just had a feeling in my water that the auditors would take issue with this.

The other issue I currently have is 5 cases where customers live in a mobile home park, and so LHA should not apply to these cases and they are subject to RO referral. However, we have paid them under the LHA rules, and a couple have been paid since 09/10 like this. We are referring the cases to the RO now, but when we get the decision how far back can we go with it? I fear we’ve lost the subsidy for 09/10 in these cases, but are we covered for the HB we have paid in 10/11 if we refer to the RO before 31 May 2011?

Sarah

[nickkeogh]

Yep – as long as you refer by 31st May then the resulting ROD will be valid for the previous fiscal year.

[Anonymous]

Thanks – I thought so – it’s just nice to have a second opinion!

Cheers

Sarah

[Author]

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