LHA date

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  • #34153
    Andrew Plant
    Participant

    Hello

    If a customer applies for Hb within the benefit week that their liabilty starts e.g. claim made 08.04.08 and liability commenced 07.04.08, will the LHA date be the 08.04.08 (as I think) or 07.04.08 as our software thinks?

    If the liability started on the 07.04.08 and they applied in advance would they be on LHA?

    Sorry to ask I think that it should be a straight forward issue but I think by brain has reached LHA over saturation.

    #95607
    Anonymous
    Guest

    I’ll have a go.
    Scene 1 – should start from beginning of week liability commenced as long as they applied in first week, so if apply on 8/4, but liability starts on 7/4, and they move in on that day, pay from 7th.

    Scene 2 – If they applied (either made a claim or date of first contact the week before), then not an LHA claim and referral to rent officer needed 8)

    #95608
    Andrew Plant
    Participant

    Thanks for that John, in relation to scene 1 I was wondering more about the LHA date.

    In my mind the date of claim is the 08.04.08, I can not see anything in legislation that would make me treat it as made on another date, therefore LHA date is the 08.04.08 with the HB paid from the 07.04.08 as week one yes rule applies.

    My query only stems from the fact that the software we use forces a date earlier than the 07.04.08 as the LHA date which is making me doubt my own mind.

    #95609
    cbuck
    Participant

    Andrew, I think you may have two possible LHA dates.

    07.04.08 if customer is IRO Income Support/ JSA(IB)
    08.04.08 if customer is ‘standard’

    This is because the passported claimant can have a date of claim, and therefore also LHA date, ‘deemed’ by HBR 83(5)(b). This would be the first day of liability (arguably liability & occupation).

    The ‘standard’ claimant has no deemed date of claim available to him, so LHA date/ date of claim will be the ACTUAL date of claim.

    #95610
    Andrew Plant
    Participant

    Thanks Cbuck

    Can not now find the specific claim this query related to but think it was Standard.

    #95611
    darren_w
    Participant

    Hope you can help me as well:

    New form submitted 4/4/2008. This is an advance claim as tenancy did not commence until 7/4/2008 and he moved in the same day.

    Do we:

    a) Pay on old rules and refer to RO, as date of claim was prior to 7/4/2008
    b) Pay as LHA, as we treat the claim as being made on the 7/4/2008

    My own opinion was that we pay on old rules due to the date of claim (a), but I have been overruled by my manager who thinks that (b) is correct.

    Can anybody clarify/confirm this situation for me? If (a) is correct, please can you point me towards some supporting legislation/circulars/guidance?

    Thanks in advance.

    #95612
    cbuck
    Participant

    Hi Darren

    I would stick to your guns on this. Award can only fall under LHA max rent if date of claim is on or after 07.04.08 (HBR 13C(2)(a)). In this case date of claim is 04.04.08 so non-LHA. (IMHO 😉 )

    Date of claim is covered by HBR 83. 83(5)(e) confirms that if none of the preceeding ‘deemed’ dates apply a claim is made on the date it is received. There is no deemed date of claim for a new liability if the claimant is not on passported benefit (there is just a special start of entitlement date set by HBR 76(2)).

    Passported claimants are given a month from becoming liable to get a claim in for a new liability (cos they are so much busier than somebody who is working I suppose). In those case HBR 83(5)(b) deems the date of claim to be the date they first became liable. Start date is then covered again by HBR 76(2).

    So… a new liability and award starting 07.04.08 can only come under LHA rules if the claim is made in wc 07.04.08 (for a standard claim) or within one month of liability (passported claim).

    Incidentally, I don’t view this as an ‘advance claim’. Entitlement starts by default the Monday following a claim being made. If there is no entitlement in the week following the claim then the advance claim rule (HBR 83(10)) kicks in and allows you to pay a period starting up to 13 weeks in advance using the original application.

    In this case there is a claim on Friday 4th April that will be paid from Monday 7th April as long as entitlement exists. There is a liability on which to pay HB on that date so ‘normal’ claim and start dates apply.

    Cmmr Williams looked at ‘date of claim’ and new liability/ start date issues in R(H) 9/07. Although aspects of the decision may be a bit contentious, the principle of looking first at the start date given by the actual date of claim, before moving on to deemed dates if necessary, makes good sense.

    Hope this helps, though I suspect maybe not! 😆

    #95613
    darren_w
    Participant

    Thanks for the quick response, I have added your comments to my own and passed them onto our training team to (hopefully) have our guidance corrected.

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