Afternoon,

We're having a small opinion difference with the LA and not to sure who is right. Calendars at ready.

This is half hypothetical and sort of realistic in recent terms.

If a claimants JSA entitlement starts for instance 09/08 (tue), they make a claim for HB on 17/08 (following Wed), should HB claim be paid from 08/08 (previous Mon) as entitlement started in that week?

Or should the LA pay from 15/08 (Mon week of claim made)?

Wouldn't regs 65 or 72 come into play at some point to pay the HB claim from 08/08?

Were finding the blanket polices paying from 15/08.

Any thoughts?

The claim for Hb is treated as having been made on 09/08 .
HB is paid from the Monday following this date i.e. 15/08
unless the person has just taken up the tenancy form 08/08 in which case Hb can be paid from that date

...I will try again...

The claim for HB is treated as having been made on 09/08 Reg 72(5)..
HB is paid from the Monday following this date i.e. 15/08 Reg 65(1)
unless the person has just taken up the tenancy from 08/08 in which case Hb can be paid from that date Reg 65(2)

I take it you mean income based JSA in this case.

On that assumption, the date of the claim is the date of the award of JSA (Reg 72(5)).

HB/CTB entitlement will generally start the Monday following ie 15/08 (Reg65(1)), but if the person became liable for the rent for the first time in that week, entitlement will be from the beginning of the week in whihc the claim was treated as made ie 8/08 (Reg 65 (2))

Assuming the HB claim was made within 4 weeks of the JSA claim being made, the claim date for HB would be the entitlement date for JSA(IB), which, assuming no waiting days, is therefore 09/08 – HB Reg 72(5)

If the claim date is 09/08 then, assuming the claimant is not a pensioner and has not just become liable for rent at a property, then the first date of the entitlement would be the Monday following i.e 15/08 – HB Reg 65(1).

There, clear as mud.

Thanks people. Now I understand it as this.

Claimants whom already pay rent (current tenants) would not be paid HB from 08/08, even though there is an entitlement?

And claimants taking up new tenancys would get HB paid from 08/08 due to the obligatory 4 week backdate where there is an entitlement.

Yep, clear as mud.

Oh well, thought I'd add my 2p as well....

I'm going to try and help with an explanation.... Just for ease of reference, I have assumed that the 60+ regs and/or defective claims and/or advance claims etc are not at issue. It is also assumed that the date of occupation is in the same benefit week in which liability commences.

The trick is to separate the two main components that affect the commencement of HB.

Firstly, a CLAIM date needs to be established - HBR 72(5). The claim date is always the day on which the claim is received at the LA UNLESS it falls in the other catergories of HBR 72(5) - or HBR 72(15) (i.e. backdating).

www.hbinfo.org/menu2/hbregs/072.shtml

Once a CLAIM date has been established, only then can a START date be decided - this is because HBR 65(1) relies on the CLAIM date.

www.hbinfo.org/menu2/hbregs/065.shtml


In addition, HBR 65 provides that HB always starts from a Monday, so this may lead to the question of how can you get mid-week start dates for new claims/tenancies with "daily" liabilities? This is courtesy of HBR 69. Effectively, all the amounts are apportioned for the week and so this gives the EFFECT of a midweek start date, although in reality HB always starts from a Monday.

www.hbinfo.org/menu2/hbregs/069.shtml


Hope I've not caused even greater confusion.....

Regards