Reply To: Entitlement Prior to moving in & Probation Hostel??

#9512
markp
Participant

OK

Head above parapet, but body armour removed as needed elsewhere!

As I read your post the CJCSA means that he is not treated as liable for the bail hostel (but am no lawyer so could be totally wrong) therefore could claim for entitlement prior to moving in. It will depend if you could treat the hostel as residential accommodation which I don’t think you can and the reference to only appears in the 52 week temp absence rules.

However Sir Crispin Agnew’s decision (CSHB/873/05 *may* help you although it does relate to overlapping payments. That deemed a claimant to have moved in, even though they hadn’t and so HB was, in his view payable. This decision is likely at some point to be challenged so I don’t have a lot of faith in it.

Does your claimant have a disability premium, an age related premium or responsiblity for a child aged under 6 and was he awaiting a SF payment for essential items? If so you would be able to get round it that way.

Otherwise I think you’re stuck with the decision.

Awaiting the slings and arrows!…………………

PS Why you work in benefits – they pay you, don’t they!!

Do I know what I'm doing? The jury's out on that........................