To break or not to break, that is the question…

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  • #34661
    dayglow
    Participant

    I’m sure that this has been asked before, but has there been a definitive answer?

    The scenario is this:

    A claimant contacted the authority on the 27.03.09 to notify us that due to rent arrears they were vacating the property on the 27.03.09 (the claimant’s HB claim was suspended, but not terminated).

    Then the authority received a claim form from the claimant on the 02.04.09, for the same address stating that they had lived there since 2003.

    The authority wrote to the claimant to query this, and received a reply from the claimant on the 07.05.09 stating that they never moved out, and had come to an arrangement with the landlord regarding the rent arrears.

    My question is, as there has effectively been no change in their circumstance (excluding non-contractual rent increases), as the claimant never vacated her address, the authority de-suspended her entitlement keeping her on Rent Officer referral. But Regulation 89(2) of the HB Regulations 2006 requires that an authority makes a decision on each claim within 14 days or as soon as reasonably practicable and Reg 13C(1) states “A relevant authority shall determine a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)) in any case where paragraphs (2) or (3) apply and paragraph (2)(a) states “where a relevant authority has received a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008”

    Therefore it would appear that there is no requirement to have a break in entitlement as a claim has been received, but surely were there has not been requirement to submit a new claim as nothing has change (excluding non-contractual rent increases), there is no reason to amend the scheme type from Rent Officer Referral.

    Views please

    #97431
    Kay_Tade
    Participant

    [quote:5198ef629e=”dayglow”]Therefore it would appear that there is no requirement to have a break in entitlement as a claim has been received, but surely were there has not been requirement to submit a new claim as nothing has change (excluding non-contractual rent increases), there is no reason to amend the scheme type from Rent Officer Referral.[/quote:5198ef629e]

    Yes, no need to change scheme as there has not been a break in entitlement, regardless of the claim form received.

    #97432
    dayglow
    Participant

    Thanks 🙂

    #97433
    Anonymous
    Guest

    There are several authorities who allow a transfer to LHA without the need for the arbitrary one-week break suggested by the DWP. All the regulations require is that a claim is made. However in this case the claimant does not seem to be after LHA – I take it the rent hasn’t increased? I would just treat the claim form as information only and leave the award as it is.

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