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Am I missing anything?
Dear All,
Have a case that is totally head over heart, and the head wins.
Client has an AP of 03 to 02
On 02/02/24 cl notified UC that on that day she had been evicted from her home (private landlord) and moved into TA
UC decide that as on the last day of the AP the change means no longer entitled to HCE, as in TA no HCE payable for period 03/01/24 to 02/02/24
HB is in payment for the TA but client left with arrears for period 03/01/24 to 02/02/24
It looks like UC are correct
Also considering a DHP for the period but as no HCE or HB for that period DHP is excluded
Does the above seem correct?
Anybody have any ideas other than negotiate with the LL for repayment of arrears?
Thank you in advance.
A DHP can be awarded in these circumstances, have a look at the definition of “relevant award of UC” here:
https://www.legislation.gov.uk/uksi/2001/1167/regulation/1
It means the claimant can have a DHP, or is not prevented from having one I should say, in exactly the situation your client faces. Still got to make the case on the merits, but there is no legal obstacle
That’s ace, thank you so much.
Just to say - that while a DHP may be technically possible, SDHP funds are very limited and generally have more demand on them than funds available. The aim of a DHP is to prevent homeless ness and help customer stay in their tenancies - if your customer has alsready been evicted and is in temp accommodation, it doesnt help her keep the tenancy or prevent her being homeless - so little point paying a DHP that isnt going to help the customer stay in that accommodation
Obviuoslt eac LA wil have their own processes and procedures so its worth asking, as theres no harm and customer no worse off if the DHP refused