Reply To: Benefit prior to occupation

#9726
emmadring
Participant

I had a very similar scenario last week and came to the conclusion that unfortunately we could not pay before the claimant had moved in because the two homes regs only apply where the second home is a previous address or a temporary address, not the new address. She could not be treated as ‘occupying the dwelling as her home’ so we could not pay.

I also came to the conclusion that there was no possibility of a DHP because there was no entitlement on top of which a shortfall could be paid. As I understand it DHP cannot replace a benefit entitlement but exists only to top it up where it exists in the first place.

I searched high and low in the regs but couldn’t find any way to pay the claimant, who like you I felt was deserving.