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Local reference rent

Sue Sowerby
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Allerdale Citizens Advice Bureau

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Total Posts: 23

Joined: 17 September 2010

I have a client who has had a tenancy with a private landlord since 1998. His HB claim is therefore assessed under the local reference rent rules. His rent has recently increased, and he has asked that HB be reassessed however as there has been a rent determination in the last 12 mths, he has been advised that it cannot be reassessed again yet. We have advised him to apply for DHP’s in the meantime. However, if he were assessed under the LHA rules, his whole rent amount would be covered. I seem to remember that it is possible to break the HB claim so that on reapplication the claim would be assessed under LHA rules, but I cannot find anywhere, how long the break would need to be (other than some old training material which advised 1 week). I cannot find anything that specifies this in the HB regs. Does anyone know if there is a specific period of time he would need to break the claim for?

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Welfare Rights Adviser, Plumstead Community Law Centre

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Joined: 17 June 2010

Its one week (see CH/2008/2011 attached)

For details of the process to break the award see CJSA/3979/2009 and CDLA/1589/2005

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