Section 3: Redetermination

Appeals of Rent Officer determinations which are considered by a separate Rent Officer.

Consulting Officer

(v.1 2024)

1. General 

The redetermination officer (RDO) has a duty to seek the advice of one or two rent officers in every redetermination case. They are known as the ‘consulting officers’ or CO. The CO must be a rent officer (RO), ideally with some knowledge and experience of the area concerned. However, they cannot be the RO that made the original determination, nor any previous redetermination for the current case.  

The CO role/process is particularly important for cases requiring local knowledge, but it should not delay the completion of a redetermination case. It is not acceptable to miss targets simply because the ideal CO is unavailable. 

2. Contacting the consulting officer 

The RDO contacts the CO prior to completing the valuation. Having discussed the case with a CO, the RDO can finalise their valuation, complete the case on VICTER and note details of the discussion with the CO (including the CO’s name and date of discussion) in Case Notes. 

Having spoken to the initial CO the RDO may, in complex cases, speak to a further CO if necessary, although this should not delay completion of the redetermination case. 

3. What should be discussed with the consulting officer 

It is up to the RDO to discuss whatever they feel is appropriate with the CO to enable fresh determination to be made.  

Prior to the consultation, the RDO will have prepared the groundwork regarding appropriate market evidence analysis, appropriate Local Reference Rent, etc. and may well have inspected the property so they are likely to have first-hand knowledge of the accommodation type, neighbourhood, Broad Rental Market Area (Local Reference Rent), household etc. The RDO will probably have already formed an opinion concerning the determination, but the CO can provide invaluable local knowledge and/or advice about trends and how that market is performing presently.  

The RDO should note (in Case notes) all the comments or advice put forward by the CO and make their decision having considered all the relevant information.  

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Redeterminations - representations

(v.1 2024)

Either the local authority or the claimant can request a redetermination although the formal request must come from the local authority. If the local authority themselves want to ask for a redetermination, there is no requirement to state a reason or supply any representations. 

Subject to the rules on previous redeterminations if, within a month of being notified of their HB award, a claimant makes signed written representations to the local authority relating to a rent officer determination or redetermination the local authority is required to ask the rent officer for a redetermination and to provide a copy of those representations. These representations can relate to any issue but can be broken down into 5 headings: 

  • personal circumstances; 
  • the rent officer’s determinations; 
  • Broad Rent Market Areas (Local Reference Rent) and local reference rents – for example: how large an area, precise boundaries; 
  • lettings information – volume and age of evidence, who VOA contacts to obtain evidence, copies of lettings information; 
  • interpretation of the regulations and rules. 

This is not intended to be an exhaustive list, merely an idea of the types of representations that claimants may make. 

Many local authorities have printed forms for claimants to request a redetermination and accept a request without more than a signature at the bottom of the form or a simple statement that the claimant doesn’t agree with the RO’s decision. In such cases it is the local authority’s decision that this constitutes “written representations”, and they are entitled to ask for a redetermination. They should include the form or representations when doing so, but many do not because there is nothing material in there for the redetermination officer to address. 

If we receive a request for a redetermination that is shown as being at the claimant’s request but does not have any written representations attached, we have no right to decline to deal with the case. The instruction telling the local authority that they must request a redetermination is contained in the Housing Benefit Regulations and there is nothing in there or in our Housing Benefit Functions Order that gives us the power to decline the request; so, to do so would exceed our authority. If a claimant makes material representations that are not sent to us that is a matter between them and their local authority. If necessary, and on rare occasions, natural justice would require us to reopen the case once the local authority did pass on the representations; alternatively, the local authority may reapply for a redetermination and provide the representations at that point. 

Redetermination officers should be aware that a redetermination requested by a claimant may have written representations that have not been passed on by the local authority. It is recommended that in EIS cases, where these representations may follow the electronic application by post after a few days, no redetermination decision is issued for at least a week after receipt of the EIS application. This gives an opportunity for the local authority to send any representations to us and for us to match them to the EIS application. If no representations are received within this period, the redetermination officer can assume that there are none. In paper application cases it is reasonable that we rely on the local authority to provide any written representations at the time of the application and if none are provided then we may assume that there are no material representations that the local authority feel necessary to provide. 

If at any stage a redetermination officer thinks that there were material written representations which have not been passed on, they can serve notice on the local authority that they require these representations before making their redetermination. Such a situation might arise where a claimant mentions their representations at an inspection or during a telephone conversation or in a letter. (In cases where a redetermination officer has formally asked the local authority for such information the period for making the redetermination does not start until the local authority provides the information requested). 

Redetermination officers must bear the claimant’s representations in mind when making their decisions, but they must only act on those matters that the Rent Officers (Housing Benefit Functions) Order allows. The representations may relate to matters that are outside of the redetermination officers’ remit (for instance: personal circumstances or the application of the size criteria) and in such cases the redetermination officer will not be able to make allowances for them. 

Redetermination officers are expected to respond to any representations clearly and concisely. VICTER allows the RDO to enter free text in remarks and important representations can be addressed or noted here. There are also standardised paragraphs that cover the common reasons for redetermination requests available. Where there have been written representations, redetermination officers are advised to refer them to their redetermination decision remarks and case notes. 

Claimants are entitled to ask for and receive written explanations of redetermination decisions and the standard Redetermination Reasons for Decision. Redetermination officers should always be open and accountable and attempt to answer a legitimate request for information when the claimant first makes it.  

  • ​Reasons for decision
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Redeterminations

(v.1 2024)

A redetermination is the process by which a local authority or Housing Benefit claimant can ask for the rent officer’s determinations to be looked at again.  

The redetermining rent officer (RDO) will consult with at least one other rent officer (RO) before making their redetermination and their redeterminations may be higher, lower, or the same as the rent officer’s original determination. Additionally, any changes to the rent officer’s original determinations will be back dated to the date of the rent officer’s original determinations. 

A redetermination is only available for cases referred to the Rent Officer under the Housing Benefit scheme. There is no right of redetermination under the Local Housing Allowance or Universal Credit schemes. 

Both the claimant and the local authority may request a redetermination of any of the rent officer’s determinations, which has effect at the date of the request. (This means that the determination is current and has not been superseded by a subsequent re-referral decision or a redetermination decision.)  

A claimant and local authority may only ask for one redetermination each, except in the case where the claimant asks for the first redetermination and subsequently the local authority requests a second redetermination in those circumstances only, the claimant can ask for a third redetermination.. 

In summary: 

  •  if the claimant makes the first redetermination request, there are a maximum of 3 redeterminations per claim 
  •  if the Local Authority makes the first redetermination request, there are a maximum of 2 

Where a claimant appeals against their award of benefit and the letter of appeal wholly or partly refers to the rent officer’s determinations, the local authority must ask the rent officer for a redetermination (attaching a copy of the claimant’s appeal letter to the application).  

If the local authority makes their own redetermination request, they do not need to give any reasons for making the application. There is no time limit within which a LA redetermination may be requested, so long as it is for of a current rent officer determination. 

Customer Service Centre (CSC) normally accept applications for redeterminations from local authorities at face value unless the redetermination request clearly relates to a previous determination (i.e., it is no longer an effective determination) CSC accept the local authority’s application and start the redetermination process. If there is any doubt about whether a particular redetermination application should have been accepted, RDOs should seek further guidance from the Guidance helpdesk at RO.guidance@voa.gov.uk. 

The RDO deals with redeterminations in the same way as other determinations. The redetermination officer makes all relevant determinations using the same assumptions and provides a similar notification to the local authority. However, the redetermination officer also has a duty to seek the advice of at least one other rent officer (known as consulting officers) in every redetermination case. The consulting officer should, wherever possible, be familiar with the Broad Rental Market Area (Local Reference Rent) relating to the subject dwelling. 

The redetermination officer makes the redetermination assessment as at the date of the original application for determination, i.e., the date the original referral was made, or the date the tenancy ended, if earlier. 

In practice, redetermination officers are independent from the original rent officer and the local decision-making process. 

A redetermination is not considered an appeal or objection to the original rent officer determination. It is considered a new determination by the RDO.

Before a redetermination is input onto VICTER, formal pre-processing checks are done by CSC on the day the request is received. The case is checked to see if there has been an obvious error in the original decision (for example the rent officer has used the wrong number of rooms or wrong LRR). Where errors in the original referral/determination are identified which warrant a substitute determination this is dealt with immediately, rather than starting a redetermination. This speeds up the process for the local authority and claimant, and they will still have the right to request a redetermination of the substitute determination if they still disagree.  

Following these checks if the case is approved for redetermination the redetermination officer is provided with the following documents: 

  • the application by the local authority requesting a redetermination 
  • any papers from the claimant (or local authority) supporting the application. 

Redetermination officers should also have access to local management information including market intelligence and Local Reference Rent levels. 

Redetermination officers have access to the lettings information collected and collated locally, although they can make independent enquiries. However, it is expected that this should only be necessary in the minority of cases. Where redetermination officers obtain additional lettings information during a redetermination which is to be considered as part of the redetermination, it would be best practice to make sure that it is input on to the lettings information database before making their redetermination decision. 

Redetermination officers send written reasons for their decisions to both the local authority and claimant.

Redeterminations - inspection criteria

(v.1 2024)

Redetermination officers (RDOs) should consider inspecting cases that fall into the criteria below. 

Any RDO actions taken outside of the parameters below may need to be discussed with line management and reasons should be annotated. 

Redeterminations inspections criteria 

Redetermination officers (RDOs) should consider inspecting cases where: 

  • in all cases on the second redetermination if there has been no inspection by the Rent Officer or RDO at the first redetermination 
  • the tenant or LA specifically request inspection and give a reason for the request; 
  • it would assist for legal reasons or to further complaints resolution; 
  • The referral is for a case where board and attendance are included and the rent officer’s determination was made without the benefit of an internal property inspection; 
  • The referral is for a site rent or mooring charge and the rent officer’s determination was made without the benefit of a property inspection. 

RDOs should not inspect in cases where the above does not apply and where; 

  • the LRR is the lowest of the values
  • the claimant’s concern about the Single Room Rent is the sole reason for the redetermination request
  • there is an inspection report on file, made within previous 12 months of the original determination date
  • the property/type is known by the RDO, and sufficient information is available to make a determination
  • The claimant has vacated

Invalid inspection reasons 

Inspections should not be carried out to satisfy non-valuation-based criteria. For example, properties should not be inspected just to check that the information provided is accurate. RDOs should not be inspecting to ensure that the: 

  • Information provided by the local authority Housing Benefit department is thought to be inadequate or inaccurate  
  • Property exists  
  • Tenant lives there  
  • Address is correct  
  • Household details are correct  
  • These issues should be resolved through contact with the local authority or the tenant. Staff should be mindful that some tenants will not want their landlord to know that they are claiming benefit.

The general principle is that property should not be inspected unless the visit provides a material benefit in the valuation process.  

The national criteria are deliberately flexible to allow for the professional judgement of the RDO to be applied, appropriate to the diverse types of accommodation and markets in differing areas.  

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