relevant benefit rule

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  • #31630
    Anonymous
    Guest

    Just need a clarification on the relevant benefit rule. My understanding is that this rule applies for past periods, for example if someone has been awarded relevant benefit retrospectively whilst he/she has been in receipt of hb/ctb, the local authority will have to implement this benefit from when it was awarded.

    However, if someone who is claiming hb/ctb has a change in circumstances currently, for example he/she is awarded income support from 30.08.10, we will amend it from 06.09.10 as the relevant benefit rule does not apply. We will apply the general rule and amend it from the following Monday. Is this correct?

    If the relevant benefit rule applies, do we amend the claimant’s income to the relevant benefit from the date of entitlement or from the following Monday?

    #88436
    sfarmar
    Participant

    I agree with your interpretation of the relevant benefit rule, however, my LA interprets this differently and we apply all changes concerning a relevant benefit from the date of change; even current ones. The exception to this is ESA when a work or support componant is awarded which we apply from the following Monday.

    It seems it is down to individual LA interpretation, I have worked at different LA’s and applied this differently.

    Sorry I could not answer your question, but just to let you know, you are not alone.

    #88437
    Anonymous
    Guest

    I think the only reason there are differences in how LAs deal with relevant benefits is that some software providers have not yet got to grips with the rules. IS/JSA starting should be effective from the first date of entitlement to IS/JSA. See Kevin’s post here: http://hbinfo.org/forum/viewtopic.php?t=21577

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