I have recently moved to a new post as the WRO for Tollcrooss HA.
I have discovered that the local housing benefit office have introduced a mandate for a tenant to sign to confirm their exact date of entry into their new tenency. Despite the information on the HB claim and on the tenancy agreement, they are not processing HB until the tenant has signed this mandate. I have requuested from them where they get the authority to act in this way, but as yet have had no response. Has anyone else experience of this with thier HB office. I do not feel that they have authority to act in this way and cannot prevent the claim from being processed.

willie sinclair WRO Tollcross HA.

Have you asked them why? It is difficult to see what the point of this mandate is. I did wonder about it being something to do with Verification Framework, but what further 'verification' would it provide?

I have asked them for any authority on this, I am also expecting something to do with the verification procedure, but I can see no reason for this either.

Refer them to Reg 72 (9)

"(9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form."

and

Reg 73(1)

73.—
(1) Subject to paragraph (1A) and paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within four weeks of being required to do so or such longer period as the relevant authority may consider reasonable.

If the information has already been provided on the form, then the suplementary mandate is superfluous and can not be evidence reasonably required.

Dont forget that Reg 76(2) (which purportedly absolved the LA from the duty to decide a claim if information was not provided within 4 weeks) has now been declared ultra vires (CH2155/2003) and the LA must process the claim even if they decide nil entitlement. There will be a right of appeal.

Surely even the most obstructive LA can not be seriously considering having to do a large amount of Tribunal submissions by deciding nil entitlement in such cases when they are bound to loose.

The likely explanation is that claims and tenancy agreements are being completed prior to the claimant taking occupation and then the claimant doesn't actually move in until some later date
then benefit might not be payable see regulation 5 of the Housing Benefit(General) Regulations

I have received information as to the reasons for these requests, however not from the local HB office.Chris's reply is correct, It would appear that if a Hb application is completed and dated prior to the date of entry, then it is classified as a presumptive DOE and this would require the claimant to confirm the actual date of entry for the Hb claim to be processed.

Thanks for your replies.