When does LHA apply?

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Viewing 8 posts - 1 through 8 (of 8 total)
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  • #33914
    Karen Stoddart
    Participant

    The draft guidance state that LHA will apply to a case that is a new claim after 7th April 2008 or where there is a change of address. However the Social Security (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 seem to show that all claims (except for excluded tenancies) will go to LHA once they reach their 52 week anniversary date or 9th April 2009 whichever is earlier.

    Is this how everyone else is reading it. The managers who have attended the DWP briefings don’t think this has been made clear.

    #94381
    Julian Hobson
    Participant

    Which bit are you reading ? Can you quote the bit you think says that ?

    #94382
    Karen Stoddart
    Participant

    Julian

    Reg 1 (5), (6) and (7). The letter that accompanied the draft SIs also says ‘that the move to LHA will happen when a trigger event occurs usually the next date on which the LA would have had to determine a fresh appropriate maximum housing benefit for that case. This may be because of a move or because it is time for the annual request for the rent officer’.

    #48097
    chris harvey
    Participant

    Cases come under the LHA Regulations on the anniversary date but this does not mean they go onto LHA. The LHA regs contain various protections so continuing claims without a break or change of address continue under the existing scheme indefinately.

    #48098
    Karen Stoddart
    Participant

    The reason I was querying this was because I attended a course on friday where we told that all cases would be LHA by April 2009 and that we would have to apply the LHA once the anniversary date was reached. Looking at the draft regulations this seemed to back up what we were told.

    #94383
    Darren Broughton
    Participant

    Peter Barker addressed this in an earlier post

    https://hbinfo.org/forum/viewtopic.php?t=10213

    #94384
    ghita
    Keymaster

    It cannot have been an HBINFO course Karen! I know this point is clarified on the issues log under the LHA tab above. This query is raised regularly and Peter D tells me that all cases go on to the new Reg 12 by April 2009 but that regulation contains all the usual HB rules for existing pre-April 2008 claimants so in practice nothing changes.

    Hope that helps.

    #94385
    Karen Stoddart
    Participant

    Ghita

    No it was not an HBINFO course but it was run by an IRRV member. We thought it was only for new claims and change of addresses so were a bit surprised when we were told differently.

    Thanks for putting our minds at rest.

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