Reply To: Payment on 2 homes moving from Council to Housing Association

#163808
d-stainsby
Participant

The taper applies through the whole of the period and applies only once in any given week.  It is deducted from the maximum housing benefit that would be payable in any given week if there had been no taper

The calculation can best be done by aggregating the rents and then deducting the taper  (but only if the dwellings are in the same LA area)

This cannot be done if they are in different arreas and two claims have to be made, although you can get round this if  you agree with the other LA to take on the responsbility for both claims (S134(5) Social Security Administration Act 1992)

In MB v Selby District Council (HB) [2011] UKUT 5 (AAC) CH./3721/ 2008 Judge Rowland suggests that the way around this is to apply the taper once in a way that would leave some HB entitlement.  The clamant would  then subsequently have no income that could be taken into account by the other authority Judge Rowland held at [34-35]

34      It follows that the appeal tribunal’s decision is erroneous in point of law and must be set aside.  Because the claimant’s income had been taken into account in the City of York Council’s calculation and was insufficient to extinguish entitlement to housing benefit from that council, he had no income left to be taken into account in calculating the housing benefit to be paid by Selby District Council. Accordingly, he was entitled to housing benefit from Selby District Council at a rate equal to the appropriate maximum housing benefit in his case, which was £60.55 pw for the four weeks in issue.  I can substitute a decision to that effect.

35.       That provides a satisfactory answer to the present case.  However, it seems to me that the 2006 Regulations should be amended – either in the way suggested by Mr Stagg or in some other way – so that, in a case where regulation 7(6)(d) applies, they clearly give effect to the intention of Parliament.  Relying on reading words into the statute is not a satisfactory long-term solution