I had understood that, after CH4546/2002, if a person had a trial period in residential care and then became a permanent resident of the care home, HB could be paid for 4 weeks notice period. A new regulation 5A was introduced some time last year.

I have just seen CH 1854/2004 which seems to contradict that decision. It seems to have been made with reference to regulation 5(7B) and 5(7C)- occupying a home, with no reference to 5(5)(d), circumstances when can be treated as occupying two homes. The decision is dated Jan 2005.

Will this now be taken as precedent over the first decision or can we still get HB in these circumstances as long as we quote the correct, new, regulation.

The two Commissioners decisions are of equal status .

Regulation 5A is not relevant to someone moving into residential care because the person will be liable to make payments there, its just that those payments are not eligible for HB.

Regulation 5(5)(d) can still apply in that situation, but only one amount of HB will be paid for the period ie in respect of the previous accommoration. The residential costs may be met as IS or PC housing costs

I think the latest decision is limited in that the Commissioner has not appeared to look at the provisions of 5(5)(d), which does allow for up to four weeks to be paid where there is an unavoidable liability for two dwellings (the liability is not specified as rent payments and so would include res care costs). This would enable HB to be claimed on the previous home during the notice period.
I have copies of all my decisions from the Commissioners from 2002/03 which supported this (- can't remember references offhand sorry!) if you would like copies.
This principle was accepted and included in HB guidance last year.

Thanks for the reassurance. No cases imminent, but that I had given guidance to our Housing Management people and was concerned that it was incorrect or invalid. I have had accepted the arguement by two Local Authorities during the last few months, but was panicking a bit when I saw this new Comm Decision.