Scenario is client put in claim for HB last August but never supplied further info so claim closed from August to December.

Could they put in for DHP for period based on had underlying entitlement? At the moment the Council are saying cannot claim DHP as was not in receipt of benefit.

Thanks

One has to be in receipt of HB to qualify for consideration of a DHP, and then it is only on the grounds of financial hardship.....

Was a proper decision made gving appeal rights?

If not, then I would simply ask the Councuil to make the decision now (they cant refuse benefit now in that scenario because they have the information as of the date of their decision)

If they did make a decision, then you could try a late appeal against the decision not to award

Yes i'm afraid a decision was made that gave appeal rights however when client contacted me it was out of time to appeal.

I was just hoping the way the regs read that entitlement would include underlying entitlement, not necassarily tha benefit had to be in payment

The absolute maximum for a late appeal is 13 months from the date of the decision, so its still (just) possible

The only time underlying entitlement can be used for HB purposes is when there is an overpayment. The out of time appeal appears to be your only avenue.