We have a resident that occupied our accommodation on Sat.29/02/04 and at that time was not on IS but made a claim. The HB form was duly completed and sent in immediately.
IS was then awarded from 01/03/04.
HB has now been awarded from 08/03/04.
It was my understanding that under reg 72A, HB should have been awarded from 01/03/04, and I wrote to get the start date amended.
Our HB have written back to say that although the 'date of claim' is 01/03/04 HB will be awarded from the following Monday.
They say this is in line with reg 65(1).
Can anyone confirm if this is correct as I cannot find this rule?

So what about 65(2) then?

If your client's claim is actually accepted as made on 29 Feb then his entitlement commences on 23 Feb! This is because he would have claimed in the benefit week in which he became liable for rent for the first time on this dwelling, and therefore entitlement commences from the beginning of that week. (HB benefit weeks are always Mon-Sun). Just a minor point - 29/2/04 was a Sunday but it doesn't really matter to what I am saying here.

If the date of claim is regarded as 1 March then he has not claimed in the benefit week in which is liability first arose, and therefore Reg 65(1) does come into play, which does say that entitlement in all other circumstances commences from the start of the benefit week following the benefit week in which the claim is made.

It may seem ridiculous and perverse that a couple of days can mean two weeks' benefit, but I think the LA is technically correct.

However, you said that an HB form was sent "immediately", so how about arguing that the LA should treat the claim as made on 29 Feb. Assuming that your client could not have handed the form into the office on a Sunday, the LA should treat a form received on a Monday in their normal post as one which could have been received on the preceding Saturday or Sunday (as long as the date on your client's signature backs this up of course!)

The LA may have 'mechanistically' decided that "First day of IS = date of HB claim", but if the HB form was received before that then that takes precedence.

Someone really does need to have a look at the date of claim/start of entitlement rules in HB - they're a mess!

Benefit starts from the Monday following receipt of claim even though it was received on a Monday, backdating should have been requested in the form to start of tenancy, at least then they would have had an opportunity to make a decision on this, avoiding 9 day gap in entitlement.

Thanks for the help and advice.
I still don't understand why reg 65(1) should be used when reg 65(2) is also there - especially when it says in the guidance manual that it is there to enable HB awards to, match a period of occupancy, and, ensure that tenants are able to make their first rent payment promptly?!
If the LA are technically correct, we will just have to go for a backdate.

Thanks again.

I would follow Andy Richards line have a go at getting both the HB and IS dates amended relying on R(SB)8-89 where the Commisioner ruled that where the office is closed and so documents can not be delivered, time limits end on the next day that the office is open for delivery.

This means that the date of claim must be deemed to be made on 29 February 2004. If the HB claim is made in the first week of the tenancy, entitlement starts from the beginning of that week.

If the IS date is not amended, the date of the claim can still be deemed to be 29 February by virtue of the princples set out in R(SB)8-89, but it weill be a standard claim until 8 March 2004 when it will become an IS claim by virtue of the change of circumstances (the award of IS) on 1 March 2004.

Reg 72A is not independent of Reg 72 but has the practical effect of allowing a verbal claim which can then be backed up by a written one within one month.

Thnaks for the extra information. We shall see what happens now as our LA have a funny way of doing things in general!