Reply To: Intention to Claim emails

Peter Barker

I agree with Andrew. While it is the person named in Reg 82 who must ultimately make the claim itself, I would say Reg 83(5)(d) allows that person to notify his/her intention to claim via an intermediary. The Council will need to be satisfied that the notice of intention to claim has been conveyed with the knowledge and approval of the person referred to in Reg 82.

In supported living, which is Ali’s area, it is not unusual for family deputies to leave everything in the hands of the landlord and their approval to notify an intention to claim may be implicit. Likewise corporate deputies who are aware that the tenancy exists and HB needs to be claimed, but haven’t got round to doing anything about it themselves – I think implicit consent to notify the intention to claim can exist there as well.

There will also be cases where the claimant lacks capacity to claim but does not as yet have a deputy – in such a case the local authority could appoint the landlord under Reg 82 at least in the interim.