relevant benefit rule

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  • #31633

    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?

    Kevin D

    Where a relevant benefit is awarded or increased, it takes effect from the first day of the award or increase. It doesn’t apply to decreases or cessations of relevant benefits. The relevant benefit “rule” only applies in the context of changes in circumstances, not new claims.

    So, if a relevant benefit commences on Wed 16th Sept 2009, that is the day it takes effect from for HB/CTB purposes, not the following Monday (assuming there has been entitlement to HB / CTB respectively).

    Income Support is a relevant benefit.

    DARs 7(2)(i) & DAR 8(14).

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