2 months in arrears

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  • #39485
    Paul Owen
    Participant

    Hi All

    Advice sought!

    i have a tenant whose HB claim has been with the benefits officer for over a week. The claim is now 2 months in arrears after the tenant paying the 1st months rent up front!!

    I enclose a reply from local Housing benefits office:

    Further to your email dated 15/9/2011, sorry for the delay in replying.
    I can confirmed the following.
    ******** made a claim on 26/9/2011, we have written out to her 22/9/2011, advising that an appointment has been made for her to attend ***** Gateway @ 1.30pm on Wednesday 28/9/2011 to provide information and to sign the claim form.

    APART FROM HB OFFICE GETTING THE CLAIM DATE WRONG IT SHOULD READ 26/8/2011 THEN EVERYTHING ELSE IS CORRECT!

    can anyone remind me of the exact wording of a request for interim payment 14 days after receipt of all information?

    can anyone help with the way forward? 🙁

    Thanks in Advance 🙁

    #112456
    peterdelamothe
    Keymaster

    It is reg 93 and you are right – the Upper Tribunal has been asking recently about why payments on account have not been made. The wording is below and I agree with you. Drop them a line in writing, point out such payments are mandatory and the Ombudsman may fine them if they dont comply!

    Where it is impracticable for the relevant authority to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested or which has been requested by the Secretary of State, the authority shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

    (a) such information which may at the time be available to it concerning the claimant´s circumstances; and

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