Client was getting CTB only while living in owner occupier property. She then got a tenancy from council but did not move in for 11 weeks because of repairs, plastering..she conceded that they were minor and it was a matter of preference really.
She seemed to have been confused/ element of misleading, about HB and claiming. She only claimed when she finally moved in and was paid only from the date of occupancy.
I requested a DHP and was turned down on 2 grounds;
no HB entitlement during the period of non-occupancy, (though entitled when DHP requested) and she was getting CTB during that period for her other home anyway, but only CTB.

As far as I can see the relevant legislation is silent on these two points and could be interpreted in her favour.
Has anyone any experience of this type of situation, does their LA have a different take on this...i know powers are discretionary but there should be consistency in decision making.

I don't think she fits into the Reg.7, 13 week temporary absence rule,but if anyone thinks otherwise please let me know! There are no health, prison issues.

Thanks very much.

I'm not up to speed with DHPs, so this response is only related to occupancy under the HB regs.

You are correct - the temporary absence rules won't apply.

And, based on the info given, the LA is correct to refuse HB for the period prior to her moving in - there is no discretion in terms of the main regs.

HBR 7 applies. For periods prior to moving in, para 6(e) (in conjunction with HBR 8(1)(c)(i)) is for when there is liability on 2-homes; HBR 8 on its own is for when there is no liability on the previous home.

Regards

Looking at the effect of Reg 3(d) of the DFA Regs I am afraid that I don’t think a DHP can be awarded in respect of Rent for a period when the claimant was only entitled to Council Tax Benefit.

Although Reg 2(1)(a), allows the claimant to be in receipt of HB or CTB, it is still subject to “the following regulations” which would include Reg 3(d)

I imagine your argument is that the client is in receipt of HB now and therefore Reg 3 (d) would not apply, however, if a DHP were backdated, entitlement for a retrospective period would be based upon the circumstances as they applied for the period covered by the backdating.

Sorry to add to the problem but when you said living in "Owner occupier" home that made the alarm bell "Capital"
ring in my head.
Was she the owner and has she sold the property?
Or
was she just living there and not having to paying rent?

Thanks jmembery i can see what you mean to a large extent, but there are no "backdating" rules for DHPs in the HB sense. Looking at reg 5 and 6 of the DFA Regs i still think it is arguable that the Regs. are silent on this point of entitlement, probably unintentionally though.

The problem is that there is no right of appeal and my feeling is that it does not meet the threshold for judicial review, unless every other LA would grant a DHP in circumstances similar to my client.