I would be grateful for some advice on whether to appeal a refusal to backdate HB.

My client has tried to apply for backdated HB for an 8-month period when she was in prison, and the request has been refused on the basis that HB cannot be paid as she was not occupying her dwelling as a home. The Council has taken the view that my client does not meet HB Reg 5 (8) temporary absence requirements (i.e . she was away for more than 13 weeks and it was clear that she was going to be absent from her home for more than 13 weeks from the outset, because she was arrested and sentenced/jailed the following day with no period on remand).

I am thinking that the Council is right and that although my client might have good cause for a late claim, she is essentially not entitled to HB for her period of absence, due to not occupying her home. Is this correct?

I think the Council is right. There was never a period when it was unclear that the absence would exceed 13 weeks.

I understand these cases can be a bit more questionable if what the HB office actually knows about a past absence when the late claim is made is the same as what they would have known if the claim had been made at the right time (if you see what I mean). But it does seem to arise in this case.