I have a client who is in hosptal and has been for the best part of a year. He is single aged 21 and sadly a tetraplegic. He took over teh tenancy on 12 Feb 07 to enable the disabled adaptions to be made. He was originally to move in early April, however he has suffered some setbacks in the hospital, the disabled adaprions have not yet been made, and he has not got a discharge date. HB are aware of the situation and claim the most they can pay will be 4 weeks. Has anyone any ideas for my client?

Thanks

Unfortunately, it sounds very much as if the LA's advice is correct.

If it is HB on two homes, HBR 7(6)(e) applies. That allows 4 weeks max and then only if the delay is specifically due to disabled adaptations. In this case, the delay appears to be for other reasons (i.e. health set-backs);

If it is HB on one home, HBR 7(8) applies. Again, there is a limit of 4 weeks.

Both provisions require that the clmt must have already moved in before HB can be awarded.

The only possiblity would be if furniture has been moved in (& the clmt still doesn't have an interest in a previous dwelling as a dwelling). Depending on the amount of furniture moved in, it *may* be possible to argue that occupancy has taken place (see R(H) 09/05 - aka CH/2957/2004). But, unless furniture is more than minimal, even this argument is unlikely to succeed.

Regards