Reply To: Daily rent date of claim rules

Peter Barker

Reg 76 refers to “payments, which fall due on a daily basis”. I don’t think you can stretch that to include weekly rent which ends with a part week. We are talking about the start of the licence/tenancy here, not the end. If the licence quotes an amount of rent/licence charges per week I’d say that prevents the rule from applying.

For those true daily cases where the rule does apply, Reg 76 itself does not refer to any long-stop time limit, but the argument is that it would be ultra vires s1(2) of the Social Security Administration Act 1992 to allow HB to be backdated longer than 12 months under Reg 76:

“Where under subsection (1) a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it, the person is not entitled to it in respect of any period more than 12 months before the date on which the claim is made or treated as made”