Backdating where a lower rate was appropriate - at review
Being satisfied that a lower rate was appropriate
You may consider backdating to an earlier date if you are satisfied that a lower rate was appropriate because:
- all necessary information to calculate a new rate of Income Related Rent as at that earlier date has been received and
- that information is accurate and
- where it was unreasonable to expect the information to have been provided earlier
Before issuing a refund, you must confirm with the client's housing provider whether the client has paid the previously calculated rate of rent over the refund period. You then need to decide whether to issue the refund to the tenant or housing provider.
For more information see:
Refund period
The refund period is from:
- the start date of the tenancy, but cannot be any earlier or
- the date that full and correct information was subsequently provided or
- the rent charge date following the date the change in circumstance occurred
The refund period is to the day prior to the rent effective date that the correct rate of Income Related Rent was applied.
Note a manager client service delivery or service manager client service support must approve all refund decisions over $3000.
Refund amount
The refund is the difference between the higher rate of Income Related Rent previously calculated (that generally, the client has been required to pay in rent to their housing provider), and the new lower calculated rate of Income Related Rent.
For more information see:
Legislation
- Reviews of income-related rents section 116 Public and Community Housing Management Act 1992
- Reviews of income-related rents: refund section 116(2)(c) Public and Community Housing Management Act 1992
