Reply To: Appeal

Peter Barker

OP says there has already been a UC claim, but only from January – so they are looking for HB to be reinstated down to the date of the UC claim plus 2w.

This strikes me as a textbook closed period supersession: there doesn’t need to be any rent liability in between the two tenancies, that is exactly why a closed period without entitlement exists. If it weren’t for that, you’d simply be reinstating continuous HB. The closed period without HB entitlement is the period in which there was liability. As it stands today, the situation is this:

– there is an extant award of HB in place because no decision has been made to end it
– no HB has been paid under that award since March 2022
– there is no entitlement to HB between March and August 2022, nor from Jan/Feb 2023
– the HB award that legally still exists now needs to be brought to an end by way of a superseding decision from Jan/Feb 23 (ie 2w after the UC claim), and arrears of HB paid down to that date minus the closed period in which there is no entitlement