RO SRR -v- LHA SAR conflicting interpretations

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  • #40016
    Anonymous
    Guest

    Hi all,

    I have looked on-line at other Councils advice for pre April 2008 claimants and myself and a colleague can’t agree….

    The SI has been read, and the circulars and the query is:

    When the RO SRR anniversary date is reached do we still refer and the RO comes back with an SRR (but it will be the LHA SAR figure in effect) or do we auto change the “young individual” onto the LHA SAR for that date.

    My colleague says: Para 8 in circ A12 implies we still refer

    Local Reference Rent cases

    8. Those who have been on Housing Benefit since before the introduction of the Local Housing Allowance in April 2008, and are still subject to the local reference rent rules will have their eligible rent based on the single room rent from the annual review which falls on or after 1st January 2012. This is because they will then come within the definition of “young individual” in HB regulation 2(1) for that rent officer referral.

    Lots of Councils seem to suggest (google it -other search engines are available!) that they go onto LHA SAR on anniversary.

    Anyone?

    #114211
    Anonymous
    Guest

    The definition of young individual is used in both LRR and LHA schemes. I have seen nothing to suggest that these cases transfer to LHA scheme on their anniversary.

    #114214
    Anonymous
    Guest

    Thank you very much.
    I don’t think I can “cut and paste” what I have seen on the internet but going to try and give “links”:

    http://www.swindon.gov.uk/ab/ab-benefits/housingbenefit/Pages/ab-benefits-housingbenefit-changes2012.aspx

    http://www.iwight.com/council/departments/revenues/Benefits/signific.asp

    http://www.haringey.gov.uk/index/advice_tax_and_benefits/benefits/lha/benefits-lhaunder35.htm

    Dartford Council also seems to give the suggestion that they will go onto LHA SAR, any thoughts?

    Your help is most appreciated.

    Debbie

    #114218
    Andy Thurman
    Keymaster

    While I wouldn’t rely on DWP guidance as such, the para you quote does reflect the legislative position.

    As Chris says, there is nothing to suggest a move to LHA (certainly none of the amending regs mean this will occur and that’s what I’d be relying on).

    #114219
    Anonymous
    Guest

    I had to be careful before I posted this, didn’t want to get caught out by a change in terminology. The concept of a “locality” for LRR purposes was amended last year to beome the “BRMA (LRR)”, and so I wondered whether there might have been a similar change to the name of the SRR, harmonising it with LHA terminology. But no, it doesn’t look like it – the thing still has the name “SRR”. And it is definitely set by the Rent Officer for the individual case following a referral – these cases do not convert to LHA.

    I suspect those Councils are trying to make it simple for the benefit of the punters, the message is not directed at practitioners.

    #114221
    Anonymous
    Guest

    Thank you very much, we have asked the DWP as well and if we get anything of interest, I’ll “cut and paste” it. Debbie

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