Terms & Conditions

[JamesPickering]

I’d love someone to confirm we can pay this:

Claimant lives in a property which is tied to her employment, she is a live-in housekeeper/cleaner and does not get HB.

Partner has a stroke & Heart attack and goes into hospital, (he is still there now awaiting disablement adaptions to be made to the new property).

HA offers a property on 31.08.2006 and she gives notice to her employer.

Fills in a claim form on 06.09.2006

Employment ends and moves into new property 01.10.2006

Can we pay as claimant 4 weeks prior to occupation as they became liable for rent whilst Partner in Hospital? Or is the reason she couldn’t move in due to her previous employment and the fact that she had to live in to do the job?

Signed dazed & confused 😕

Oxford

[emmadring]

I think that in this case you cannot pay on the basis that the partner was in hospital. Reg.7(8), which contans that provision, specifically states that it is it is the claimant who must become liable while HE was a patient. Reg 2 defines claimant as ‘a person claiming housing benefit’ – this does not include their partner.
I also think from what you have written that it sounds as if the reason for the delay was because of the employment rather than the partener being hospitalised.

[Anonymous]

There could be several reasons operating, all of which may have contributed to the delay, including disablement adaptations.

Regulation 7 includes a member of the claimants family in that provison, and also allows payment of HB ” for any period not exeeding 4 weeks prior to the date he moved….”

Note the word “any”. This means that the delay can be longer than 4 weeks, it also means that the period is determined from the date the claimant moves in, not the date the disabled family member moves in

[Author]

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