Award of overlapping housing benefit

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  • #281591
    debhawk
    Participant

    We have a claim where household was claimant and partner, adult son of claimant and his three children. Claimant and partner accepted new accommodation 18.03.22. Tenancy and move date 28.03.2022. Overlap request quoted period for overlap as 28.03.2022 – 26.04.2022. Other information on overlap advised “son and 3 grandchildren had nowhere else to go and stayed on an extra 2 weeks”. On this basis we declined overlap. Since this various letters indicated that was not the case, the son apparently gave back keys but left a door open and stayed, then final letter said he didnt (so we dont know full truth). Previous landlord is a HA and they advise notice given 28.03.22 but tenancy not ended until 29.05.22, due to son staying without permission at property. Currently writing appeal and cannot find clear basis of declining due to son staying at property (if to be believed without permission). Any assistance as to regulation to quote or should we have paid overlap but for period 18.03.22 when tenancy accepted.

    #281593
    Kay_Tade
    Participant

    Did the liability at the new place commence on 18/03/22 and if not when did it commence?

    If they moved in after the liability commenced, as it appears your post is saying, then I don’t think they can be awarded HB on 2 homes unless they satisfy the rest of the reg 7 conditions (HB prior to moving in, as well as HB on 2 homes). There isn’t really such a thing as an application for an overlapping period, so the request for a particular period is mostly moot, it is the conditions of entitlement that will determine the period.

    #281594
    debhawk
    Participant

    the start of liability was 28.03.22 date they moved in. Our issue more is does their son and grandchildren, who stayed in the old property as they had to find alternative accommodation, mean that the overlap should not be paid?

    #281595
    churdle
    Participant

    If they accepted a new tenancy on 18/3/2022 why could they not give notice to end the existing one until 28/3/2022?

    #281596
    debhawk
    Participant

    If we do approve the overlap we would be bringing into play the delay from accepting the new tenancy and date of notice to old landlord, but we cannot find an answer to does the son and grandchildren not moving out when they did, play a part in the decision, or is that immaterial. ?

    #281597
    Kay_Tade
    Participant

    Well, unless it has something to do with why the claimant delayed to give notice (It has to be reasonable, regs are implicit on that with overlapping HB) then, no it is of no real value.

    The reason they delayed to give notice is quite relevant here, though it is just a few weeks.

    #281621
    debhawk
    Participant

    Thank you

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