LHA and backdating

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  • #34198
    mthorne
    Participant

    This one is making my head hurt…

    Claimant happily in receipt of LHA. Applies for a backdate prior to April. If it is agreed it turns back to the “old” scheme and we will refer the rent to the rent officer. So far so good!

    It is hightly likely that the Rent Officer’s decision will be of a level that will mean the claimant is not entitled to Housing Benefit.

    As a backdate request changes the start date of the claim, Mr claimant no longer has a live hb claim, so is welcome to submit a new one, which of coures will be on LHA but at a later date that the one he already had and with a overpayment!!!

    Please tell me I am not right here, and that If he turns out to be not entitled after the backdate period I can keep his original LHA claim in payment!!!

    #49797
    Anonymous
    Guest

    I think you can get around this – if the backdate reduces entitlement to nil you would have an overpayment, but you could reduce that overpayment to nil by considering underlying entitlement on the basis of the original claim as if it had been presented without a backdating request – you would still need a new claim to continue the award though… Maybe an “off-the-record” phone call to the claimant would be appropriate – convince them to withdraw the backdating request or ammend it to 07/04/08… Tough one!

    #95888
    Ozzies Mate
    Participant

    Maybe advise claimant of these facts & see if still wishes to pursue backdate request.

    #95889
    Anonymous
    Guest

    The Rent Service decison means he does not qualify until the commencement of LHA.

    You therefore can only backdate to 7.4.2008.

    #95890
    Anonymous
    Guest

    ….or do what Paul Stagg apparently suggested at Conference on Monday and that is to treat this and any other separate application for a backdate as totally separate from the current ongoing claim and use old rules only for the retrospective period.

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