Rent officer decisions – too many so when to apply from

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  • #39720

    Hello all,

    This situation should never have arisen and therefore I can come up with a number of possible outcomes but not really sure which approach will be correct.

    Two cases were referred to VOA in August 2010.

    For some reason the same addresses were referred again in February 2011. These were not redeterminations or substitutes just an error (should have used the representative referrals already on file).

    Normally in these cases the VOA will reject the referral. In these cases however they issued a new determination in February 2011.

    Nothing was done with these determinations in February (please don’t ask why).

    One of the determinations in February increased rent payable and one reduces it.

    The 52 week anniversary fell in Sept and nothing has happened with these cases (again don’t ask why!).

    Now the case where the rent officer determination has increased in Feb is fine and can be used for these cases for the remainder of the 52 week period. Having saud that though we should never have referred and the VOA did not need to respond. What however do I do with the decreased one. Normally you would apply this based on the decision received date but this was back in February. I could use this back from Feb and make the O/P non-rec but perhaps this is not the best plan as the referral should never have been done in the first place.

    Any opinions happily received.

    Andy Thurman

    In brief, I would ignore BOTH Feb 2011 referrals/decisions and refer based on 52 wks from the valid August 10 decisions (you will probably need to contact the RO to explain that ‘rogue’ referrals/decisions made that are not valid).
    Then use the new decisions provided under normal rules.

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