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Backdated rent increase to 1st period and Transitional Protection
- Mr Croesus
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18 hours 24 minutes ago #306161 by Mr Croesus
Backdated rent increase to 1st period and Transitional Protection was created by Mr Croesus
I was migrated to UC from legacey benefits two assessment cycles ago, and have been award Transitional Protection.
The issue is I didn't realise rent increases would erode this. My rent has gone up in years, and it's £715 compared with the £900 that the now 1 Bed LHA locally is now set. If I moved I could increase the LHA to £900, but the TP would erode by £185, and i'd be 'out of pocket' that much.
I didn't realise the Housing Element was in the TP, stupidly, and I discussed the increase with my landlord. We agreed a verbal contract we will both honour, and can provide testimony, for within the 1st assessment period. I just thought it could be backdated or go up later when I setteld the payments and understood them better (my case is a bit complicated with premiums).
If my rent were now to be back dated to £900 in the 1st period, would I lose the TP? The variance in cash terms doesn't matter to me as much as getting the £900 level going forward. It just needs to apply since then and ill absorb the cost to cover the arrers out savings. Obviously I dont want to lose the TP for merely this, as it's value higher.
Probably a bit complicated, so if there is any insight without certainity that is still welcome. Along with any suggestions as to where to get some authoritive advice. I know a solicitor who can help...
The issue is I didn't realise rent increases would erode this. My rent has gone up in years, and it's £715 compared with the £900 that the now 1 Bed LHA locally is now set. If I moved I could increase the LHA to £900, but the TP would erode by £185, and i'd be 'out of pocket' that much.
I didn't realise the Housing Element was in the TP, stupidly, and I discussed the increase with my landlord. We agreed a verbal contract we will both honour, and can provide testimony, for within the 1st assessment period. I just thought it could be backdated or go up later when I setteld the payments and understood them better (my case is a bit complicated with premiums).
If my rent were now to be back dated to £900 in the 1st period, would I lose the TP? The variance in cash terms doesn't matter to me as much as getting the £900 level going forward. It just needs to apply since then and ill absorb the cost to cover the arrers out savings. Obviously I dont want to lose the TP for merely this, as it's value higher.
Probably a bit complicated, so if there is any insight without certainity that is still welcome. Along with any suggestions as to where to get some authoritive advice. I know a solicitor who can help...
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10 hours 54 minutes ago #306163 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Backdated rent increase to 1st period and Transitional Protection
Hi Mr Croesus
You are correct in so far as a rent increase within the first AP after Migration does not erode TP.
You will need to persuade UC regarding the backdating first though.
David
You are correct in so far as a rent increase within the first AP after Migration does not erode TP.
You will need to persuade UC regarding the backdating first though.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Mr Croesus
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1 hour 59 minutes ago #306210 by Mr Croesus
Replied by Mr Croesus on topic Backdated rent increase to 1st period and Transitional Protection
OK, there are serious health complications in this period which I believe are legitimate grounds at least to ask.
To be clear if the rent increase is that only applied after the 1st AP, then the LHA would go up and the TP would go down accordingly to 'balance'?
I'm just trying understand whether that is going to mean this would be a 'new claim' and completely void the TP awarded presently. It's also so complicated and the lack of clarity make me ill.
To be clear if the rent increase is that only applied after the 1st AP, then the LHA would go up and the TP would go down accordingly to 'balance'?
I'm just trying understand whether that is going to mean this would be a 'new claim' and completely void the TP awarded presently. It's also so complicated and the lack of clarity make me ill.
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41 minutes ago #306214 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Backdated rent increase to 1st period and Transitional Protection
Hi Mr Croesus
Yes after the first AP any increase in the UC standard amount for instance if occasioned by eligibility to an increased housing element will incur a corresponding reduction in the Transitional Element.
David
Yes after the first AP any increase in the UC standard amount for instance if occasioned by eligibility to an increased housing element will incur a corresponding reduction in the Transitional Element.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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