Increase in rent before the anniversary date of LHA

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
    Posts
  • #38553
    ats_40
    Participant

    Hi can someone give me some advice on the following scenario as after reading reg 13c and 13d of hb regs as advised by our software provider, iam even more confused.

    I have a claimant who is entitled to the four bed rate of 150.00 per week. Her anniversary date is april 2012. Her rent was 126.92 per week and so the claim was paying this maximum rent of 126.92 as cant go up to 150.00. On 1.06.11 her Landlord put the rent up to 150.00 per week in line with the LHA rate she was entitled to as he had not increased her rent in 2 years. The system is showing that she is entitled to 150.00 per week, her rent charged is now 150.00 per week BUT the maximum rent is staying at 126.92 per week. Our software provider has stated that this is correct as the increase is not a relevant chanage and under HB regs (sp)13c it states that once the maximum rent amount is set it stays as that until the annivrersary date. After reading the reg and reg 13d it doesnt actually state that max rent once set should be less that the LHA rate. It says that the claim is set by the LHA rate. very confusing as this seems unfair that someone is entitled to 150.00 per week and always has been but now the rent has increased the system wont pay this amount. Is this correct ? If it is would she be better off cancelling her claim and having a gap or is this not allowed ?

    #108787
    trina
    Participant

    An increase or decrease in rent makes no difference to the LHA eligible rent already in place. The eligle rent is set at the time you apply the LHA rate to the claim and can only be changed on the anniversary, change of address or any change in household that alters the room allowance (and bereavement even if that does not alter the room allowance but you have to look at bereavement protections at that time as well). When you calculate any restriction to the LHA rate that amount becomes the rate for the claim.

    Claimants can lose out if the LHA is restricted and then within a short time the landlord raises the rent.

    Use 13C (5) to restrict the LHA rate to the Maximum Rent – rent level then – 13C (1)tells you when you can change or apply a Maximum Rent – a change of rent is not one of the reasons.

    #108792
    ats_40
    Participant

    Thanks for replying. Sometimes the rules and the system dont make sense and you need someone else’s view on it to check you are reading it right.

    Ali

Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.