Late notified COA

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  • #34298
    walmslm
    Participant

    Customer notifies us of a change of address that would move them onto the LHA scheme – however they notifiy us more than 1CM after the date of change.

    The applicable rate of LHA is more than the current rent officer decision therefore do we action the COA from the date of change but restrict the LHA award to the level of the outstanding rent officer decision?

    If so, any ideas how you manually restrict the LHA rate on Academy?!

    Thanks

    #96335
    Anonymous
    Guest

    There was a big debate about this a few months ago.

    Everyone agreed that the change of address is treated as if it happened on the date when it was finally reported, so the increase in HB will only take effect then.

    But there are then two options for deciding how much to award (although it will not make any difference if LHA rates haven’t moved in the meantime).

    Option 1 is that you use the LHA rate on the date when the change of address actually happened, because the deeming fiction created by D&A Reg 8(3) does not carry across into the fixing of the “relevant date” under Regs 13C & 13D of the principal HB Regs.

    Option 2 is that you use the rate of LHA that applies on the date when the change of address is treated as having happened under D&A Reg 8(3).

    As a general principle of interpretation, deeming fictions are allowed to persist for as long and as far as is necessary to achieve the purpose of the rule. Whether that includes Regs 13C & 13D in this type of case I do not know. I think the DWP’s policy intention was that you should get the amount of HB you would have got on the real life moving date, but you only start getting it from the later deemed date. Seems fair enough, although personally I have a slight preference for the second option – just move everything forward to the date reported and proceed as if it really did happen on that date.

    If the two LHA rates are the same, you needn’t worry about any of that.

    #96336
    sharonwarner
    Participant

    This was really helpful as just had the same query but in our case, we have found that we are able to pay from the date that they actually moved as they sent in a TA and we didn’t action it!

    However, for future ref, can I see if i have this correct.

    Claimant moves 1 May 2008.
    LA notified 15 June 2008.

    As a C of A is only a c in c, we need to cancel the claim at the old address from 30.04.08, load at new address as an ODRT and use the ROD from the old address?

    Then pay the new claim as LHA from 15.06.08?

    #96337
    Anonymous
    Guest

    Yep, I reckon that’s about the state of it.

    Or alternatively, don’t even bother to do that – just switch everything on 15 June, alothough I can see why you would prefer top have an accurate record of the claimant’s actual address in real life. Might also affecvt third party payee arrangements too. But in terms of the amount of HB paid, what you say is 100% correct in my view.

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