Hi,

Can anyone help me with a query I have regarding "protected groups" and local reference rent.

I have a client who is in a protected group as she first claimed HB in this property before 1996 and she is responsible for a child.

She is concerned about changes in circumstances, such as starting part time employment, as she is concerned that her protection may be lost.

I have found in CPAG that if you make a new claim within 4 weeks then the HB claim will be continuous and she will have transitional protection.

However, I have also found a statement explaining that although breaks in your claim of less than 4 weeks should be ignored, the DWP did not intend this to be a linking rule and that a break in your claim of a week or more should mean that you are no longer an "exempt claimant".

Does anybody know what would happen to a claim in this situation??

Thanks.

I haven't had time to analyse this, so it's probably best to point to the legislation (which can be found in the CPAG's HB/CTB legislation etc).

Take a look at para 4 of Schedule 3 to the Housing Benefit & Council Tax Benefit (Consequential Provisions) Regulations 2006. This will also need to be read in conjunction with HBR 13C (re LHA).

Suppose it's worth pointing out that you might want to check the LHA amount she would now qualify for. She might be better off with a break in claim.