Terms & Conditions

[Anonymous]

From April 2006
Scenario 1
Move within LA Council Tenancies. Liability Monday to Sunday. Claimant leaves old address on Saturday and moves into new tenancy Tuesday (staying with relative during move/clean up at both tenancies). A rental liability is continuous.
Is this still a cic or a termination and new claim.

Scenario 2
A claimant who is entitled to full benefit moves from a Monthly rent (converted to weekly £69.23) to a weekly rent £75.00. Weekly tenancy starts 17th April and monthly tenancy ends 20th. They move on the 20th.
3 days hb paid 17-19 @ (69.23/7×3)£29.69. New address hb paid for 20-23rd @ (75/7×4) £42.86. Is it right that the claimant will owe the new landlord, in this example £2.45.
Please help or have I lost the plot

[Anonymous]

Re above
Sorry meant they will owe new landlord £32.14 (£75/7×3) for the 17-19th

[Julian Hobson]

Have been having a similar debate here.

I assume that the moving on 20th April in your example prevents reg 7(6)(d) (2006 regs) from coming into play.

I suppose its also reasonable to ask what would happen under the current provisions. Assuming entitlement were continuous would you have paid £69.23 upto 23rd April and started paying £75.00 from 24th April.

Does that mean that the customer is £3.30 better off under the new provisions than under the old ?

If you were paying L/L under the old provisions you could even argue that the landlord of the first property got £39.56 more than he should and that the new L/L was £75.00 in the red (39.56 + 3.30 + 32.14).

I’m not sure I really understand the mechanics of this either or how we might go about explaining it to the interested parties.

As an aside. Anyone out there suggesting that DM’s ought to be looking to award overlaps in clear cases of unavoidability (contract period differences) given that it will be almost impossible to get a new tenancy to commence as the old one finishes, or on the same frequency.

[Anonymous]

I was looking for something else entirely.

Yes I can see plenty more cases where payment on two homes could and should be considered, even if it is only for a few days.

[Anonymous]

I think the amendments to old Reg 69 (new Reg 80) remove the need to worry about whether someone qualifies for benefit on two homes for a couple of days in the same benefit week. I think you only need to worry about benefit on two homes if it runs on beyind the end of the week of the move. This is because the rules on calculating the amunts of rent for the respective homes say:

[color=blue:46d52aeed5]where the e claimant—

(aa) moves to a new dwelling occupied as the home,

(bb) he is not entitled to be treated, immediately after that move, as occupying two dwellings as his home or as occupying his former dwelling as his home, and

(cc) that change of circumstances takes effect under regulation 79 (2A) [/color:46d52aeed5](damn, there goes the pristine numbering sequence!),

[color=blue:46d52aeed5]other than on the Monday of a benefit week, then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.”;[/color:46d52aeed5]

In other words, you get a day of HB for each day of rent that you have to pay in the week of the move, regardless of whether you qualify for HB on two homes. Nor does it matter if, exceptionally, there is an interval of a couple of days between the end of rent 1 and the start of rent 2: just tot up all the rent paid for the week of the move, job done.

If the claimant’s rent liability for the new home had already started in an earlier week (and they cannot be treated as occupying the new home before moving in), as I see it the same principle applies: award composite eligible rent for the week in which they finally do move: anything from 0+1 to 7+7

[janish]

sorry to bring this up again, but can I just check I have the following correct? ( including the bits about when we need a new claiam and when we don’t)

Old tenancy ends Sunday 4th June 06.
New tenancy starts Thursday 1st June 06.
Move in Thursday 1st June 06
Get HB to Sun 4th at the old.
And from Thu 1st at the new.
No problems with CTB.
No new claim required.

Old tenancy ends Sunday 28 May 06.
New tenancy starts Thursday 1st June 06.
Move in Thursday 1st June 06.
Can’t pay HB for the gap.
Need new claim for both HB and CTB.

Old tenancy ends Wed 31st May 06.
New tenancy starts Saturday 3rd June 06.
Move in Saturday 3rd June 06.
Can pay HB for 3 days at old and two days at new.
No new claim needed for HB.
But new claim needed for CTB because of the gap.

Old tenancy ends Wed 31st May 06.
New tenancy starts Monday 4th June 06.
Move in Monday 4th June 06.
Can’t pay HB for the gap.
Need new claim for both HB and CTB.

Old tenancy ends Wed 31st May 06.
New tenancy started Mon 15th May
Move in Wed 31st May 06.
Can’t be treated as occupying before
Can pay HB for 3 days at old and 5 days at new
No problems with CTB.
No new claim required.

[Author]

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