Discussion archive

Top Housing Benefit & Council Tax Benefit topic #7909

Subject: "HB on 2 addresses - Unavoidable Overlap of Liability" First topic | Last topic
johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

HB on 2 addresses - Unavoidable Overlap of Liability
Mon 30-Mar-09 10:19 AM

Client is a 16 year old lone parent.
She was in Homeless Accommodation, following her parents throwing her out of their home due to her then pregnancy.
Received Offer of Social Housing tenancy on 5th January, accepted it 6th.
Moved in on 12th, and gave up homeless tenancy from 11th.
Delay in moving in due to waiting for Community Care Grant award to enable her to buy essential appliances, furniture.
There is an overlap in liability for rent on the two properties for just 6 days, from 6th to 11th.
The HB refuse to allow HB on the two properties because they say Reg 7 of the HB regs is not satisfied. I've read it, and also paras 3.670 to 3.676 of the HB Guidance Manual, and I can't see why she doesn't qualify.
It seems to boil doen to their use of discretion as to what constitutes and Unavoidable overlap.
Appeal lodged.
Any advise or thoughts welcome.

John

  

Top      

Replies to this topic
RE: HB on 2 addresses - Unavoidable Overlap of Liability, Kevin D, 30th Mar 2009, #1
RE: HB on 2 addresses - Unavoidable Overlap of Liability, johnwilson, 30th Mar 2009, #2

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: HB on 2 addresses - Unavoidable Overlap of Liability
Mon 30-Mar-09 11:03 AM

I *think* I see the issue. The overlap is in respect of a period where the clmt has liability on the "new" home for a period before she moved in.

If that is correct, HBR 7(6)(e) applies. Under that provision, HB is only payable on both homes if the delay in moving was necessary to meet the disablement needs of the clmt, or a member of the family.

  

Top      

johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

RE: HB on 2 addresses - Unavoidable Overlap of Liability
Mon 30-Mar-09 12:04 PM

Thanks for clarifying that for me Kevin.
I think I better read the reg again (properly this time).
John

  

Top      

Top Housing Benefit & Council Tax Benefit topic #7909First topic | Last topic