My client was living in unsuitable accommodation with the council, she was offered temp accommodation (again through the council) in July and was given 5 days to move in. She actually took 10 days. Housing benefit stopped paying on the old property on 10th July and started on the new property. Client thus owes 5 days rent and council tax on the old property. Client’s reasons for the delayed move are that she was waiting for a friend to help her move and he could not help until the following week. She thought housing benefit would pay on both homes as her new housing officer told her to 'take her time' in moving in.

I have looked through the legislation and cannot work out whether we have an argument to pay on two homes. The new rent is £350 per week and the old rent was £100, is there a chance that benefits might change their decision and pay on the old home (that she was living in for the 5 days) and not the new home that she was waiting to move into? As this would leave the client with larger arrears.

HB can only be paid on the new home once the claimant has moved in. There are some exceptions and sometimes some arguments around what constitutes “moving in”, but these don’t appear to be a factor from what you have said in your post.

I am afraid, therefore, that not only is it unlikely that you can put forward an argument for payments on two homes, but the LA has actually paid your client too much and there should be an overpayment.

Whether the overpayment is recoverable from your client will depend upon the detailed circumstances of the case, there may an argument for LA error as the LA was also the landlord.

2006 HB regs state:

(6) Where a person is liable to make payments in respect of two (but not more than
two) dwellings, he shall be treated as occupying both dwellings as his home only-

...

(d) in the case where a person has moved into a new dwelling occupied as the
home, except where paragraph (4) applies, for a period not exceeding 4 benefit
weeks if he could not reasonably have avoided liability in respect of two
dwellings....

i.e. if you need to move straight away you can get HB on the old dwelling for up to 4 weeks. What seems to be key here is whether the dual liability was reasonably avoidable or not.

Except in this case, according to the posting, the tenant did not move straight away as she was waiting for a friend to help her move.

jmembery is correct.

Where a clmt moves into the "new" home after liability has already commenced (and where there is dual liability for the "before" period), HB can only be paid on two homes for the "before" if the conditions in HBR 7(6)(e) are satisfied.

Regards

If you have no luck with HB, you could ask the Council if, in the circumstances, they can write off the few days debt on the previous property, especially as the claimant was given dodgy advice by a (Council-employed) Housing Officer. If you can quote names, all the better.