The recent DWP circular on the end of benefit periods told councils that they could no longer end benefit and start a new claim when someone started work. They had to treat the change as a supersession

But the circular seems to say that councils have the discretion to bring benefit to an end and require a new cliam if someone moves home within their area. I can't find anything in the legislation that would now allow this.

Can anyone advise?

Its Reg 11, 13 and 14 of the D&A Regs. The arguemnt is that where a person moves the rent liability becomes uncertain, and so an issue arises as to whether or not the conditons for enitlement are fulliflled (or whether there should be s upersession etc)

The benefit can be terminated under Reg 14 if information is not provided in the statutory way, but its not as simple as ending the claim and requiring a new one on a change of address.

Yes, but this would happen in any change in circumstances. If the council suspends the claim and then the claimant provides information about the new rent and any other information that may reasonably required I don't see how the (old) claim can be ended, although many councils are still doing this out of habit.

I'm still working through the implications, but for one, it seems that if the old landlord paid beyond the period that the claimant had left, and the new rent was higher, the landlord could say that there was no overpayment.

Yes Chris you are right the "old" claim can not be ended (just had an argument with an LA on this very issue), but as far as the "overpayment" situation goes, Council's are looking into the device of offsetting the amount of the overpayment for the same period and simply paying the difference. The tenant will be left to get the money from the old landlord.

Couniils should of course as a quid pro quo be looking into paying benfit on two homes more than they do now.