Hi - my first post to the forum, so bear with me....

We are currently housing a client who has alcohol problems and is also fleeing domestic violence. We have run into problems and I could do with some advice. The case is summarised below:

The client moved in on 9/5/05, initially for a period of alcohol detox into our specialist alcohol project. At this point the client had an existing HB claim at her 'permanent' address and had intention to return. (I should mention that we have recently had our 'dual HB' funding pulled for detox clients, as it has been deemed equivalent to a hospital stay, so HB cannot be paid on 2 homes - however, I am only concerned with HB on the client's 'permanent' address in this case).

It soon became apparent that the client was fleeing domestic violence. As well as the threat at the permanent address, the client's partner was attending sporadically at the Framework project and police were called each time. During this period the client was very ill and required a blood transfer - the client's physical and mental health would have suffered further without the support of a 24-hour hostel.

On 16/5/05 the client spoke to her Framework key worker and contacted the local Housing Office regarding a transfer from her permanent tenancy due to FDV. The Housing Patch Manager at the Housing Office had the clients' permanent address boarded up and advised her to stay at the Framework project whilst a transfer to safer accommodation was arranged.

We have just received information from this Housing Manager that the client has recently been offered alternative accommodation but this new property is not yet ready to move into as work is required, but it should be available by the end of July.

Having furnished the above information to the LA, a decision has been made that HB can be awarded up to 15/5/05 at the client's original 'permanent' address as there was intention to return up until this date. However, from 16/5/05 onwards HB has been cancelled - the explanation given that 'the reason for residing at the Framework property changed to FDV and a transfer request was made from the original address on 16/5/05'.
They quote Regs 5(5) and 5(8) of the HB Regs 1987.

Does anyone think there are grounds for appeal in this situation?
I'm thinking along the lines of 'bad advice' from the Housing Patch Manager? Are there any special HB rules for transfers of tenancies in this kind of situation? Would the extreme circumstances of the client hold any weight?
If we can't appeal for HB for the whole period since 16/5/05, are there any grounds to ask for HB to be paid for 28 days from 16/5/05 (don't HB regs allow up to 28 days for FDV if there is no intention to return?)

Sorry this is such a long post! Thanks in advance for any help!

Nick

Here's my take on your client's problem... I'm sure others will have some other ideas?

On the fact of it, it seems that the local authority are correct in not paying benefit from 16 May, because as a) client stated no intention to return and b) the house was boarded up, it's seems difficult that she could show an intention to return (reg 8B(a)).

However, reg 7A allows for a person to be treated as liable for rent where they have left due to domestic violence. In your case, you may have to argue about the reason for leaving since the local authority could say that it was for alcohol treatment rather than DV. I would argue against that by saying that only the temporary absence was by reason of alcohol treatment and the reason for leaving was for DV and the claimant officially declared that she had left the dwelling on 16 May and not before. Thefore, under reg 7A benefit can continue on the old property for 4 weeks (regardless of where she lived after that). The notes in Findlay suggests that this reg applies even where the person has left permanantly.

As the client stated no intention to return on 16 May, to the housing officer, could that not be treated as having given notice to quit according to the terms of the tenancy agreement? If the agreement specifies one month (for example) then the extended HB under 7A would cover the rent liability to the end of the tenancy...?

Regs 5 and 5A (not 5(8)) deal with liabilities on more than one home and this doesn't sound appropriate in any circumstance. If the absence from the first home is not temporary then the law treats as 'not liable' so there can't be two liabilities. Similarly, if the housing dept accepts notice to quit from 16 May, then that liability ended naturally on 15/16 June. If the LA say that the Framework project is a hospital, it seems difficult to see how they can rely on that liability to justify using regs 5 or 5A - they are trying to have thier cake and eat it. Reg 6 (below) mentions a stay as in inpatient or in residential care, so they can't have it both ways. Reg 5A potentially applies as a way to get 4 weeks benefit similiar to reg (7A) above, but the client would have to have no liability on the new dwelling (Framework). From what you say there is a liability so this might not apply. If this is the case, it seems difficult to see how the LA can treat is as a 'hospital (or presumably) similiar institution'.

On the new property that your client hasn't moved into yet, there are two possible solutions (at least in part). By far the easiest is to persuade the landlord not to start the new tenancy agreement until the date she moves in. This is certainly reasonable if the property isn't even habitable yet. Alternatively, or was well as, the client may be able to take advantage of regs 6 and 7 which allows for payment for a liability created before the tenant actually moved in. She'd have to make a claim immediately, which would be refused, and then make a further claim within four weeks of moving in. In that case, she would get HB for the four weeks, or the from the date of the first claim, whichever is longer, before moving in.

Hope this helps.