Contents
Income Related Rent : Contents

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.

Legislation

This is the date the housing provider charges the rent. It does not change; it is a regular day of every week or fortnight.

Note that the rent effective date of an increase in rent is aligned with the charge date.

The rent effective date is the one-off date on which an increased rate of Income Related Rent is charged.

The rent effective date is aligned with the next charge date.

The start date is the date of commencement of the tenancy as stated in the tenancy agreement. This is usually the same date the client moves in or takes possession of the property.

There may be situations where the client is unable to take possession of the property straight away. In this situation the housing provider is responsible for providing alternative accommodation for the client.

The rate of the Income Related Rent ...