Terms & Conditions

[Christine]

Hello

If a customer qualifies for 12 month protection following a death in the household, their maximum rent would be either their contractual rent minus ineligible services or the LHA rate, whichever was the higher. Fine so far.

However, if someone else in the household then moves out (a relevant change in circs because it affects the bedroom calc) and therefore the LHA rate changes, my question is….

Is the maximum rent now the highest of the elgible rent minus ineligible services and (a) the LHA rate that applies after the change OR (b) the one that applied before the other household member moved out?

I thought it would be (a) but our system is doing (b). Thanks.

[markp]

Reg 13 (11) states that the maximum rent shall be either

(a) the maximum rent which applied before the death occurred; or
(b) in a case where there was no maximum rent, the reckonable rent due before the death occurred.

Therefore this protection appears to ignore any changes in circs during the twelve month period.

My LHA notes seem to have gone on vacation though so perhaps someone with more knowledge than I will correct me if necessary.

Do I know what I'm doing? The jury's out on that........................

[Anonymous]

Reg 12D(7) covers this. It says the protected rate applies until:

– 12 months have gone, or
– there is a change of circumstance affecting the size criteria in the same dwelling that [b:4faf061af7]increases[/b:4faf061af7] the eligible rent, or
– the claimant moves, or
– there is a subsequent death, which resets the clock

Therefore it appears that a change in the size criteria downwards without a change of address has no effect.

[Christine]

Thank you for your replies 😮

[paul southam]

So further to this, if we have a case where LHA rate is £109pw, partner dies leaving CL and ND, rent is £140.00pw.

Does £109pw LHA apply, or does the 52 week protection remove the LHA restriction and award £140.00pw?

Thanks

[Author]

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