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Top Housing Benefit & Council Tax Benefit topic #7165

Subject: "Move within the LA" First topic | Last topic
MargaretGarner
                              

Benefits Advisory Officer, Dane Housing (Congleton) Ltd, Congleton
Member since
22nd Jan 2004

Move within the LA
Fri 12-Sep-08 09:45 AM

I have a customer who has moved from one of our properties to another.The old and new tenancies ended/started on the same day which was a Monday. The customer signed up for the new property on the previous Friday and has given that date as the date they moved in.The LA has ended the HB at the old address from the Friday and started the one at the new address from the following Monday i.e. start of liablility. Is there any way that I can get the couple of days outstanding on the old property? Only a change of address form was completed but in fact there is now a break in claim.

  

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Replies to this topic
RE: Move within the LA, Kevin D, 16th Sep 2008, #1
RE: Move within the LA, MargaretGarner, 16th Sep 2008, #2

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Move within the LA
Tue 16-Sep-08 07:24 AM

The following response is subject to a bit more info; for example, what legal provision(s) is the LA relying on?

However, in the meantime, there may be an argument that can be used. In my view, based on the info given so far, the argument should run something like this:

1) What is the legal basis for not allowing HB for Sat / Sun?

2) Without prejudice to "1", even if the rent has to be apportioned to have the effect of knocking out Sat/Sun, benefit is still payable for the WHOLE benefit week upto and including Sunday and, therefore, there is no break (i.e. there is not actually a period of nil HB - rent is merely apportioned for the preceding week).

Hope this helps.

  

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MargaretGarner
                              

Benefits Advisory Officer, Dane Housing (Congleton) Ltd, Congleton
Member since
22nd Jan 2004

RE: Move within the LA
Tue 16-Sep-08 10:05 AM

I have just heard from the LA and they have agreed to pay to the end of the week. Thanks for your help

  

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Top Housing Benefit & Council Tax Benefit topic #7165First topic | Last topic