Claimant move to permanent care

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  • #287602
    Colin Adams
    Participant

    Hi,

    A claimant has moved into permanent care; his partner remains at the property.

    We have applied the four week run-on and the partner then has a new claim in her own name.

    I would have registered the claimant’s claim to end on the Sunday following the date he moved into permanent care and set the new claim up (claim received from the partner) to start on the following Monday; would that be correct?

    I can’t find anything definitive but from reading guidance to me, the four-week run-on seems more applicable for a single claimant.

    Can you advise of your thoughts please?

    Thank you,

    Colin

    #287624
    pbirks
    Participant

    why do you need to pay a run on for the notice period? a couple are treated as jointy liable for rent while they are together, and if the tenancy is just in the name f the person who has gone into care, then reg 8 allows you to treat the partner as liable for the rent without a change in tenancy. If jointly liable, no issue at all.
    Pension claims get 3 months autobackdating anyway – so thers no need to pay a 4 week notice period

    I assume pensioners as we csant accept working age new claims, so the partner would need to claim UC for housing costs, unless temp accomm etc? g agae regs allow one month to clai form date one partner left the house and pension age regs allow 3 month s

    #287626
    Peter Barker
    Keymaster

    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.
    #287681
    Colin Adams
    Participant

    Yes, they are joint tenants.

    #287684
    pbirks
    Participant

    if joint tenants, no need to pay a 4 week notice period as the tenancy wouldnt be ending when one joint tenant moved out.

    so end claim for person now in care from end of week they vacated and start the new claim for the other JT the Monday after that

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