sub tenants – 2 changes in one week

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #33957
    sdexter
    Participant

    Can anyone help please? I have received different information relating to sub tenants – are they definitely counted for the room requirement?
    I have also been advised that a change affecting the LHA rate is effective from the following Monday (except if it happens on a Monday) Is this correct and does it also apply from the following Monday if there are 2 changes within the same week?
    THanks

    #94631
    Anonymous
    Guest

    Regulation 13D (3) states that the claimant is entitled to one bedroom for each category of occupier, 13D (12) defines an occupier as “persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household”.

    So if you decide the subtenant ccupies the claimant’s home, then they should be included in the room allocation.

    The LHA GM has apparently been written without reference to the new D&A Regulations – 7A and 8(15). I have raised this with the implementation team and they are consulting their solicitors apparently.The new regs make the effective date for a change to the LHA effective from “the first day of the benefit week in which the determination…. was made”.

    #94632
    sdexter
    Participant

    Thanks
    so that is not the following Monday as our software provider say the system will calculate? i.e. if there is a baby born on a weds the LHA rate will apply from the Monday before not the following Monday?
    😯

    #94633
    Anonymous
    Guest

    Well……… That’s a tricky question. The LHA Implementation team assure me that the “policy intention” is for changes to go from the Monday after, or from the date of move in the case of a change of address. Hence their guidance in the manual.

    However the Regulations I quoted in my early post do not back this up. The new Regs themselves are not without difficulties either given the complicated way they refer to Regulations 13C and that regulation refers to 13 D.

    So I expect the DWP to either issue revised guidance in accordance with the new D&A regs, or to amend SI 2007 / 2870 which contains them.

    On a less-complicated note, I notice para 2.13 of the LHA GM kind of answers your point about subtenants.

    #94634
    sdexter
    Participant

    ah – so it does – thanks! 😛

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.