Under 35’s and transitional protection

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  • #38073
    Anonymous
    Guest

    Does anyone know for certain if under 35’s whose anniversary date falls after 1.1.2012 will get transitional protection? Having read the thread dated 23.3.2011 entitled ‘Shared Accommodation for 25 to 35 year olds’ I am still not sure how to advise customers.

    For example, someone with an anniversary of say 1 Feb 2012, will they get TP until 1 Nov 2012 and then go to shared rate that was in place back in Feb 2012, then at their next anniversary 1 Feb 2013 to shared rate at that date. Or will TP end for anyone with an anniversary beyond January 2012?

    Never thought I’d be longing for another circular!

    Is it me??

    #107249
    Andreas
    Participant

    Have you seen A6 2011? It should clarify the proposals…

    I don’t think protection applies because a move from a 1-room rate to a shared rate will be treated as a decrease in the ‘Category of Dwelling’.

    #63376
    JULIE RYAN
    Participant

    Hi

    I’ve queried this with the DWP, as circular A6 didn’t really cover this point.
    They sent me a document for clarification, which included the relevant response :

    “A person who is aged under 35 but over 25 living in a one bedroom self contained property and who claims Housing Benefit sometime between January and March 2011 would be entitled to the one bedroom self contained rate. This will apply until the anniversary date after 1st January 2012, from when transitional protection would apply for a further 9 months, at the end of which, the shared accommodation rate would apply”.

    So in your example above, Jane, TP will be applied up to 1st Nov. 2012, and then the shared accommodation rate will come in to play after that, at the February 2012 rate (for 3 months, until the next anniversary date in Feb. 2013)

    Hope that helps

    #63378
    Andreas
    Participant

    Typical DWP if you ask me…

    3rd bullet point of para 4 of A6 states ‘existing claimants not receiving transitional protection, i.e. those whose claims are made on or after 1 April 2011 but before 1 January 2012, will move to the shared accommodation rate on the anniversary date of their claim’.

    In the example above there is no protection and the Anniversary Date is Feb 12 so either the circular is misleading – or the DWP advice is.

    Either way, we won’t really know what to do until the legislation is laid.

    Edited to add: I know the claim is made before April 11 but I read the ‘guidance’ as saying if you’re not protected you move to the shared rate on your Anniversary – and if you are protected you move to it at the end of your protection.

    #107773
    Andreas
    Participant

    I stand corrected. Julie’s post (and response from the DWP) is correct based on the draft regulations.

    Reg 12M is being amended so that people who become ‘young individuals’ due to the change in legislation will get TP for 9 months.

    See Peter Barker’s link to the relevant draft SSAC document on this forum.

    shared accommodation rate

    Apologies if I caused any confusion… I didn’t think a decrease in the Category of Dwelling would be covered by TP – but apparently it is in this case.

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