Resident with substance misuse issues moved into our property 3/5/06. Had been on sick pay from employer for some time. Employment officially ended 14/7/06. Last wage slip received in July which included some paid holiday. In August recevied backdated IB awarded from March onwards.

HB notification received dated 25/8/06 - HB entitlement £34/wk based on sick pay + IB from 3/5/06 to 3/9/06, then HB increased to £135 from 4/9/06 based on IB only. HB payments for 3/5/06-20/8/06 received so far.

We asked LA for explanation of dates of HB changes on 31/8/06. LA have emailed response today. They say that although employment ended 14/7/06, LA was not notified until 31/8/06, >1month, hence wages not removed from claim until the following Monday (4/9/06).

They also mention the July payslip showing her entitlement to holiday pay hasn't been taken into account in the assessments. They have therefore re-assessed, and she is now entitled to zero HB for 3/7/06-6/8/06 as she is out of scale.

My queries:

Work ended 14/7, IB was already in payment. Ordinarily, from what date should HB be assessed on IB only (if LA had been informed at the time)?

Could it be deemed 'official error' that they didn't take her July holiday pay into account during the first assessment? Grounds for appeal?

As they have paid HB up to 20/8/06, are there grounds to ask for underlying entitlement for 3/7/06-20/8/06?

Thanks all.
LD