Two changes in the same benefit week

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  • #39982
    Julian Stanbury
    Participant

    Afternoon, asking for a little help with the following scenario:

    Claimant has a change of earned income, on 19 May 2011.

    This would be effective from 23 May 2011 (allowing its been reported on time).

    My problem comes when a second change is revealed.

    The rent liability also changes in the same benefit week. Acutally also on 19 May 2011. Not the eligible rent, as the claimant is on LHA and the anniversary date has not come round, nor has there been an appropriate change to cause the eligible rent to be recalculated before the anniversary.

    So what should happen? My options seem to be:

    A) Allow the change of earnings to be effective from 19 May 2011 as this is the same date as a change in the rent (even though the eligible rent hasn’t changed)

    B) Keep the change of earnings as effective from 23 May 2011 as there has been no change to the eligible rent thereby avoiding triggering HBR79(2) through the absurd belief that “eligible rent” is really the same as “rent payable”

    Any help greatly appreciated.

    #114116
    Kevin D
    Participant

    The wording in HBR 79(2) is “…where the change of circumstances is a change [b]in the amount of rent payable…[/b]”. In my view, that wording means HBR 79(2) is triggered by a change in ACTUAL rent, irrespective of the effect on entitlement / LHA.

    In turn, HBR 79(4) is engaged in this instance.

    #114117
    Julian Stanbury
    Participant

    Thanks Kevin, appreciate the reply.

    Dearly wish the trigger was linked to the eligible rent as seems daft to acknowledge one change from an earlier date due to the occurance of another change whose affect won’t be felt for some time.

    I guess i just have to administer whats written down, not what i want to be written down. Ho hum.

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