I have client who has moved from one local authority area to another. She qualifies for HB on two homes (overlapping) as she has unavoidable liability on the old home as well as the new one.

The local authority who cover the old home are refusing to pay HB in this case as they say responsibility for payments on both homes is that of the new local authority that cover her new home.

The old local authority have quoted HB regs 5(5d) which don't appear to pass comment on the question and concetrate on eligibility criteria only.

Is the old local authority correct?

Thanks

Dan

It is not totally clear.

There has been a discussion on HBinfo which did not really reach a definitive conclusion.

An extract from the Social Security Admin Act says.

Section 134(1B) SSAAct says "housing benefit shall take the form of a rent allowance funded and administered by the local authority for the area in which the dwelling is situated"

I interpret this to mean the old LA pays on the old dwelling and the new LA on the new.

Others, however, interpret it to mean the new LA pays on both.

Given the confusion about which LA deals with what, my advice would be to claim from both (telling each you have done so) and, if necessary, take them both to Tribunal. One way or another, that will certainly get it sorted (eventually....).

Regards