LHA or Old Scheme?

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    A colleague has a case where the claimant did not qualify for HB for the period 16/06/08 to 13/07/08 as her income was too high. She did however qualify for Council Tax Benefit continuously.

    She has now asked for a reconsideration because she thinks she should be on LHA now and not in the old MX scheme, she was turned down because although she didn’t qualify her claim was running continuous. But it won’t go away, welfare rights also think it should be on LHA.

    Are we right in thinking its still old scheme as the claim hasn’t had a break even though it ran on nil for a short period?



    Is this the same case that was discussed on rightsnet [url=http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=7293&mesg_id=7293&page=]here [/url] a couple of weeks ago?

    Welfare Rights are correct: there has been a break in the claimant’s HB award. It does not matter whether there is separate entitlement to CTB – they are two different benefits. There has been a new claim for HB following a break in entitlement to that benefit. So assuming it is the right kind of tenancy for LHA, the new claim is assessed under LHA rules.


    I agree with Peter.

    There was a break in entitlement. How you record that on your computer system is up to you, but just because you keep a computer record running at nil entitlement does not mean that there is continuous entitlement.


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