My query is regarding the situation whereby a person who could afford the property when they moved in and then claimed HB because of job loss can claim that the first 13 weeks of the claim will be exempt from rent restriction. One of the conditions for this to apply is that you must not have claimed benefit in the previous 12 months.
I cannot find any reference to whether this means from any LA or
the one where the current application is.

What happens where a person claimed benefit with one LA, (without knowing of the rule or being informed of it ), ceased the claim to go abroad, ( to look for work ), then returned to another LA. He rented a property through a landlord and paid his rent regularly and on time for 6 months. Circumstances then meant he had to claim HB from his LA, at which point he was told that the rule did not apply because he had claimed within the previous 12 months,albeit with a different LA ?

Can he now claim from the first LA ?

Can he claim from the second LA ?
Also when did this rule become valid from ?

Thanks.

The 13 week rule is in HB Reg 11 (9)(10) and (11)

(9) Subject to paragraph (10), where the
relevant authority is satisfied that a person to whom paragraph (11) applies was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant’s
award of housing benefit

(10) Paragraph (9) shall not apply where a claimant was previously entitled to benefit in respect of a benefit period which fell wholly or partly less than 52 weeks before the commencement of his current
award of housing benefit

(11) This paragraph applies to the following persons–
(a) the claimant;
(b) any member of his family;
(c) if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;
(d) subject to paragraph (12), any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him.

(12) Paragraph (11)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it.

The rule has been valid since well before 1996 as it is also contained in paras 4 and 5 of the old Regulation 11.

Note the following from para 10

"10) Paragraph (9) shall not apply where a claimant was previously entitled to benefit in respect of a benefit period which fell wholly or partly less than 52 weeks before the commencement of his current
award of housing benefit"

If the claimant was previously entitled to HB less than 52 weeks before the current claim then the 13 week protection will not apply regardless of which LA administered the previous claim, but I suggest that if that person has a partner, then the partner should makethe new claim and the 13 week protection shold apply.