Local Housing allowance and Close Supersession Help

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  • #38821
    Lis
    Participant

    Sorry to bring up the closed supersession debate again.

    We have had a closed supersession for period from April 2011 – May 2011 and then again from for a week at the end of July on a case.

    She has been receiving her current LHA rate since October 2010. This includes £15 over and above her rent.

    The query put to me from my collegue, is that she should have lost her £15.00 in April because of a gap in entitlement.

    I believe she should not lose this £15.00 until her anniversary in October 2011 and receive protection if necesary.

    I believe this is because she has periods of nil entitlement due to an adverse inference, not because the claim was cancelled and a new claim received.

    Please clarify.

    Thank you
    Lisa

    #109827
    Kay_Tade
    Participant

    LHA transitional protection & CPS

    I very much agree with Andy’s view on the issue.

    #109828
    cassini
    Participant

    As per circular A25/2010, she should have lost her £15 “top-up” from 1 April 2011; not because of the gap in entitlement, but just because everyone should have lost their top-ups it from 1 April 2011.

    Cass

    #109829
    Kevin D
    Participant

    I’m sure I’ve posted similarly on this issue previously but can’t find the post / thread.

    I haven’t checked the wording of the LHA linking legislation so this is offered with a note of caution.

    For me, the crux is whether the “protection” is dependant upon “entitlement” or “award”. If the latter AND if your LA accepts closed period supersessions are lawful for HB, then the clmt remains protected. However, if protection is dependant upon “entitlement”, my view is that protection ends on the basis that “award” and “entitlement” have different meanings.

    As an aside, I still hold the view that closed period supersessions are unlawful for, specifically, HB and CTB.

    #109830
    Kay_Tade
    Participant

    Well, gone through, as best I can, the LHA linking regs and all I can find is “award” no mention of “entitlement”. So if CPS is accepted then no loss of TP.

    As an aside, Cassie, the £15 top up drops off after an anniversary date/change in category of dwelling event post April 2011.

    #109831
    Lis
    Participant

    Thanks for all your replies.

    Cassie did have me worried about the £15.00. Ours are being removed from Anniversary date or if there is a change that changes LHA rate earlier.

    #109833
    cassini
    Participant

    Hmm, you’ve all got me worried now, as all our excess payments have been removed from 1 April 2011.

    Although, Paragraph 23 of circular A23/2010 states that transitional protection does not apply to the loss of the £15 excess…..

    #109835
    Lis
    Participant

    I believe this was for new claims from 01 April 2011.

    Paragraph 8 of the Circular A25/2011 refers to this.

    Pargraph 23 then advised they can be protected but only up the rent. They do not get protection to their exisiting LHA rate as this is up to £15 more than their rent.

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