Reply To: Claimant move to permanent care

Peter Barker

Interesting possible loophole is that s134 of the SSC&B Act 1992 prevents two members of the same “family” from being simultaneously entitled to HB, and that includes a couple. But from the point at which the claimant permanently moved out, they were no longer a couple as per Reg 21. It could be argued that the new claimant is entitled to HB from that point onwards, while the original claimant is entitled to a 4w notice period. However:

– the 4w notice relies on a deeming fiction: that he is treated as occupying the home. Should that fiction be carried far enough to say they remain a household, and therefore still a couple, during those 4 weeks?
– if the new claimant is going to get HB for those 4 weeks, does that mean that have any bearing on whether the continuing liability could reasonably have been avoided, given that the liability would be discharged by the new claimant’s HB award?

I think the better option here would have been to end the original claim from the end of the week in which he moved out and award HB to the new claimant immediately afterwards.

By the way are they joint tenants? Is the new claimant actually liable or treated as liable?

  • This reply was modified 1 week, 1 day ago by Peter Barker.