became liable whilst in hospital

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  • #31777
    emm
    Participant

    I have a request to pay benefit prior to moving in because claimant became liable whilst undergoing medical treatment and couldn’t move till treatement was transferred,

    Normally this wouldn’t be a problem, but as she was claiming HB/CTB within another local authority before moving to this area – i don’t think i can pay unitl she was actually resident ? unless the property was being adapated for her needs

    am i right ? or does the two homes rule only apply to claims wihtin the same local authority

    #88884
    Kevin D
    Participant

    It’s definitely a two homes issue and it doesn’t matter that different LAs are involved. However, if it’s not a passported claim/award, only one single calculation should occur – the rents should be aggregated. As to which LA should deal with it….. good luck with that :).

    The awkward question is about WHICH of the two-homes provisions applies. The “normal” two homes under HBR 7(6)(d); or the late occupancy version under HBR 7(6)(e)?

    It depends on what you mean by “moved in”. If there was significant moving of furniture before the claimant physically moved in herself, it may be possible to argue the furniture is sufficient to constitute occupation – see R(H) 9/05. On that basis, the “normal” two-homes provision can be applied.

    However, if there was no form of occupancy before the claimant’s physical occupation, HB will not be payable on the new home for the period prior to occupation UNLESS the delay was BOTH [u:8f470ab89f]necessary[/u:8f470ab89f] AND for the specific purpose of adapting the dwelling to meet a disablement need.

    #88885
    emm
    Participant

    Thanks Kevin for your reply

    I’ve been told my claimant was so unwell that there was no possibility of moving furniture in prior to her date of actual occuapation , and that was almost 7 weeks after the start of the liabilty – so its definitely benefit prior to moving in –

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