Relevant benefit & multiple CoCs

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    cbuck
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    I am in the middle of convincing my team to adopt the minority approach for treating awards/ increases in relevant benefits and have hit a snag. Can anyone help clarify how the provisions of HBR 79(4) – multiple CoCs in same benefit week – interact with the effective date in DAR 8(14)?

    The example I have been given is an award of DLA care (removing NDD) starting Wed 22.11.06 and an inheritance being received (affecting tariff income but not exceeding £16k) on Thurdsay 23.11.06. Both changes occur in the same benefit week but change 1 has it’s effective date set by DAR 8(14) to 22.11.06 and change 2 by HBR 79(1) to Mon 27.11.06.

    HBR 79(4) seems to say that both changes should therefore take effect from Mon 20.11.06 but Im not so sure. As change 1 has not imported HBR79 at all, can this be a “change of circumstances” for the purposes of this reg? The CPAG commentary to 68(4) [HBGR ’87] refers to two or more CoCs with ED set by paras 1-3 and this feels right, but…

    79(1) defines a “change of circumstances” as a change of circumstance which affects entitlement to, or the amount of, housing benefit. Surely that is what the award of the relevant benefit does?

    any thoughts?

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