LHA award DURING an EP period

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  • #34094
    J Cox
    Participant

    Hi,

    I couldn’t see that this had been brought up before, so here goes…

    The Zebedee guide to HB section 17.57 says that if a claimant is entitled to [i:c146f4ee0a]more[/i:c146f4ee0a] HB/CTB during a period of an EP than what the EP has paid then you would pay the difference (providing a new claim is made). The example given in previous editions is when a non-dep moves out in the middle of the EP, and the new entitlement on current circs ends up being more than the EP award. This is uncommon.

    However, we now have LHA.

    Say the EP award is based on an LRR of £100 and an EP is awarded at this rate. The rent is also £100. That’s fine. A new claim is then made following the EP based on the new circs, but now it comes under LHA (until October at least). The LHA rate could be up to £115, and so it’s quite possible an award of benefit under LHA is higher than for the EP period.

    Do we award the difference for the EP period?

    And could someone tell me what regs the guide book is referring when stating this? Can’t see anything specific in the EP regs about new awards being higher then EP amounts etc.

    Some help would be appreciated 🙂

    Thanks,
    Jess

    #95347
    Anonymous
    Guest

    I think it’s Paragraph 10 of Schedule 8 – if there is entitlement to both an EP and “normal” HB, one is offset against the other

    #95348
    J Cox
    Participant

    Cheers:

    Schedule 7
    PART 3 Adjustment of entitlement in respect of an extended payment

    10. Where for any week—
    (a) a person is entitled to an extended payment; and
    (b) he also claims and is awarded housing benefit,
    then the amount of the housing benefit payable in respect of that week shall be reduced by a sum equal to the amount of the extended payment and only the balance (if any) shall be payable to him for that week.

    and

    Schedule 8
    Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)
    9. Where for any week—
    (a) a person is entitled to an extended payment (severe disablement allowance and incapacity benefit); and
    (b) he also claims and is awarded housing benefit,
    then the amount of the housing benefit payable in respect of that week shall be reduced by a sum equal to the amount of the extended payment (severe disablement allowance and incapacity benefit) and only the balance, if any, shall be payable to him for that week.

    [u:72cbb80688]SO[/u:72cbb80688]

    We’re likely to get a lot of these I imagine. More than currently anyway.

    #49183
    Anonymous
    Guest

    I am not convinced that an EP should be increased with a maximum rent (LHA) if the claim was previously on the “old scheme”.

    With regard to the date on which the in-work claim takes effect, Regulation 72 (6) (b) states –

    [quote:2d8fb7783f](b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.
    [/quote:2d8fb7783f]

    This does appear (to me) to conflict with Schedule 7, Part 3, 10 though.

    #95349
    J Cox
    Participant

    But doesn’t that refer to the end of the period of HB [i:ceae594b8d]prior[/i:ceae594b8d] to the EP award, so the new claim is made in respect of the period which is also the start of the EP? That’s how I read it anyway.

    #95350
    Julian Hobson
    Participant

    I agree.

    I think there are two scenarios really. Those that don’t apply/ qualify for HB following the end of an award of HB and those that do.

    If you stop getting Hb based on I/S because you start work, but due to low earnings apply for and would (notwithstanding EP) otherwise get HB then Schedule 7 part 3 10. means this.

    HB was £100 per week.
    EP is max 4 x £100 per week
    HB is claimed during EPP at £60.00 per week

    The HB is reduced by the EPP so that it is extinguished, no further money payable. This is simply to prevent having to pay the Hb as well.

    However come LHA if the new claim would result in more benefit that the EP then the difference becomes payable. Unlikely because even if we take the scenario above and apply some LHA principles. Lets say the £15 cap means the new rate is £75.00 it will still be less thart the EP so no extra payable.

    It will only make a difference where the new rate of HB exceeds (for whatever reason) the EP award, But I don’t think it will happen very often.

    #49186
    Andy Thurman
    Keymaster

    Mmm. I would definitely agree that if an LHA rate would mean more HB than the amount of an EP, the extra should be paid but this post has got me thinking about the date of claim issue.

    If an EP is awarded, say, for 17.3.08 to 14.4.08, should the new “in work” claim be LHA? 😕

    The EP regs, as already quoted in the topic, state a claim made in these circs “shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit”.

    Because in most cases previously it hasn’t made a difference, I have to confess that I’ve always gone with the idea that this would mean the claim is treated as made on a date in the last week of the EP but with more thought, I think I agree with J Cox’s interpretation:
    [quote:1a7e320175]But doesn’t that refer to the end of the period of HB prior to the EP award, so the new claim is made in respect of the period which is also the start of the EP? That’s how I read it anyway.[/quote:1a7e320175]

    So, going back to my question, the new claim would be in respect of a period beginning on 17.3.08.

    I guess the crux of my question is – does the reg require us to treat the claim as being made on a different date (in which case, is this the week prior to the beginning or the end of the EP period) or, is the date of claim simply the date it is received? 😳

    Within a couple of months, this will all be somewhat irrelevant again (and then, of course, completely redundant when EP’s become change of circs), but for now…..

    #95351
    J Cox
    Participant

    Date of claim is a different issue, unless I misunderstand this as well – quite possible 😕

    In your example the claim is made in respect of the period from 17.03.08. If the person is also entitled (because of the above thread contents) because of LHA, then the date of claim would be in the week before 17.03.08 and therefore is LRR scheme.

    However, if you’re only going to pay benefit from 14.04.08 onwards (which will usually be the case) then the date of claim is determined by when the application was received. This is where I may also be losing the plot a little. If the form was received between 17.03.08 and 06.04.08 it is an advance claim, so date of claim is in w/c 07.04.08. Any later than this (up to 12.05.08 ) and the date of claim is the date the form is received.
    BUT either way in this case it would be LHA.

    Let me know if I’m talking nonsense, but that’s what I take it to mean – ie ‘made in respect of’ just determines potential entitlement dates, and does not affect ‘date of claim’.

    #95352
    Andy Thurman
    Keymaster

    Thanks Jess – my interpretation, having examined it in that context, was also that the date of claim wouldn’t move but felt the need for confirmation – especiallly as it means a whole new “can of worms” during the weeks around LHA launch date!

    So, assuming we’re both correct on this – how about cases where the EP period runs from 10.3 to 7.4. Under normal circumstances, we’d encourage provision of the new “in-work” claim as soon as possible, but if the claimant would be better under LHA, perhaps we should advice them to claim later – after 7.4.

    BUT….would it not then be treated as a claim in respect of the period “immediately after the end of his previous award of housing benefit”, looping us back to a claim from 10.3!

    I’m hoping this is a “Friday head” thing & it will all become clear on Monday 🙄

    #95353
    David
    Participant

    Andy

    Doesn’t the hb award include the EP period? (Otherwise the reg would not make sense – at least to me! – if the new app arrived within the 4 weeks after EP)

    #95354
    J Cox
    Participant

    Andy, in this instance using your dates then being better off under LHA is irrelevant. Claim within 4 weeks of the end of the EP, then the date of claim would bring the claim in to LHA, but the award of benefit would be from 07.04.08 as long as the form was submitted within 4 weeks of this date. The increase in benefit for the EP period would not be an issue since LHA would not be calculated for the EP period as it is prior to 07.04.08.

    The problem comes if they submit the form BEFORE 07.04.08.

    David – not sure what you mean. In the example given the claimant would have from 10.03.08 to 05.05.08 to supply a form and would be treated as made in respect of the period 10.03.08 onwards. The date of claim would be determined separately.

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