LHA: Change in circumstances after April 1st

zaralondon

Hi all,

I have received some advice from an LHA advisor today which seems suspect according to what I have read on official websites online.

I was told that, if I sing a tenancy this week, and am claiming JSA, if I sign off from JSA for example in 6 months due to going away for 2 weeks, in that week I will not claim JSA and therefore it is a change in circumstsances and when I sign back on after one week I will go onto the new reduced LHA rate.

My understanding from websites and previous advice is that signing of from jsa/going away/gaining empoloyment (e.g. 5 hours a week) does not constitute a (significant enough) change in cicumstances.

Can anyone confirm?

*edit* Have just spoken to an advisor from a different LA who assures me that signing off from JSA does not constitute a change in circumstances worthy enough of moving you onto the new rate i.e. new claim.

The question is, how is it that some advisors are giving out incorrect advice so flippently? *sigh*

zaralondon

Can anyone confirm that the original advisor was indeed wrong?

catz1ct

I would say a break in your JSA would not constitute a change to your LHA but I'm not 100% sure on how the new changes are going to be implemented going forward.

zaralondon

catz1ct wrote: »

I would say a break in your JSA would not constitute a change to your LHA but I'm not 100% sure on how the new changes are going to be implemented going forward.

We know that as it stands, a change in income does not count as a change in circumstances that warrants a break in claim.

The question is, will this change in the next year, in that if you start to earn £70 per week instead of £50, this change in income/'circumstance' will result in you being put on the new LHA rate?

uklondoner

I am not sure, but why would they give you a new LHA rate as that would mean starting a new claim as opposed to still using the original date of claim.

As far as I know, they will still use the original date of the claim if you start working or come off of JSA i.e. change in income. The only time it counts as a new claim is if you move home a new person comes to live with you.

If anyone can confirm that woudl be smashing, but I don't see why they would change that aspect of it. The important thing here is 'break in claim'. Shame they are giving out such innacurate advice, if you can't rely on the people at the housing benefit office in your area, then it's slightly worrying.

allen35

I hope this puts your mind at ease



Temporary absence from home

A client who is temporarily absent from her/his home will be entitled to housing benefit for up to 13 weeks if s/he:-

• intends to return home; and
• is not sub-letting the home while s/he is away; and
• does not intend to be away for more than 13 weeks.

Some clients who are temporarily absent from home are entitled to housing benefit for up to 52 weeks, provided that they do not intend to be away for more than 52 weeks.. In exceptional circumstances, the client can be away for a slightly longer period than 52 weeks without losing her/his entitlement, but s/he will not be paid housing benefit for longer than 52 weeks. The client must intend to return home and must not be letting or sub-letting her/his home while s/he is away.

[Deleted User]

OP are you going abroad?

zaralondon

I will be going away for a couple of weeks; but more importantly I will be signing off from JSA and working about 10 hours a week (will earn around £60 per week).

The reason I posted is because of the sudden 'new advice' recieved from the man on the phone - his advice goes against everything else I have previously read. His argument is that if I go away, I wont claim JSA, and therefore there will be a change in my income which is a change in circumstances which in turn warrants me being put on the new reduced LHA rate. Unless there has been a massive change in rules then this can't be true.

allen35

Why are you signing off, you can work up to 16 hours and still claim JSA depending on income, as yours will be £60 you will still be entitled and therefore not a COC.

If you do sign off you will probably have to make a fresh claim for HB and that's where the confusion begins.

You should continue to sign, therefore maintaining claim for HB/CTB and declare earnings which will reduce your JSA. You are entitled to a disregard of £5 so therefore you should be entitled to £10 approx.

This, obviously based on you being single.

allen35

JSA and Holidays

You are entitled to two weeks holiday within the UK whilst on JSA. If you wish to travel outside the UK, you must suspend your JSA claim and make a rapid reclaim when you return.

Should your JSA claim be suspended, your local authority will be informed and your LHA/ HB claim could also be suspended. To avoid this happening, you should also notify the LA that you are going away (you will still be able to claim LHA/ HB during short absences from the UK).

zaralondon

allen35 wrote: »

Why are you signing off, you can work up to 16 hours and still claim JSA depending on income, as yours will be £60 you will still be entitled and therefore not a COC.

If you do sign off you will probably have to make a fresh claim for HB and that's where the confusion begins.

You should continue to sign, therefore maintaining claim for HB/CTB and declare earnings which will reduce your JSA. You are entitled to a disregard of £5 so therefore you should be entitled to £10 approx.

This, obviously based on you being single.

Hi Allen,

What the advisor was saying is that whatever I do, even if I do as you said, it will be a change in income, a change to circumstances and therefore require a new claim.

All the info online and with another advisor from another borough indicates that this is not true. Just wondeirng why he said it. From past experience, when you change your hours or sign off, or go away (and therefore have nil income for the period you are away) they just adjust (where applicable) your LHA but it is not a new claim. Still the same claim - they would have had to close your original claim, and why would they have done that if you are going away for a couple of weeks?

LOL, maybe I should just disregard the advisors advice..... might ring again and try and get a new advisor.