Benefit on two / one homes rule

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  • #46104
    annasmart
    Participant

    Hello

    I think I know the answer to this but tied myself in knots with this claim and just wanted others opinions before advising on it.

    form received 11.02.13, 1st date of contact 21.01.13, vacated to Parent address 15.02.13 due to have to have operation (emergency) no intention to return to claim address ( as tenancy ends 1st April/recovering from operation).

    Based on income details provided ern to high to qualify, but entitled to ESA c from 22.2.13. If hadn't vacated would be only be entitled to bens from  25.02.13 when ESA taken into account.

    So my thought is that as not entitled when vacated clmt can't have 4 week overlap of benefit under 1 home rule regardless of the fact that she would become entitled during the 4week period.

    I hope that this makes sense.

    Any comment opinions welcomed.

    #130073
    Andy Thurman
    Keymaster

    I say she is entitled! Assuming you’re accepting that, on 15.2.13 she vacated and could not have avoided the liability, she is treated as occupying the home for up to four weeks. (Some may argue otherwise but I think you are right.)
    So, that’s the occupation hurdle out of the way & HB payable.

    #145330
    Anonymous
    Guest

    Im looking for some help with a claim i have. The quesiton is can Benefit on 2 homes and benefit on one home be paid for the following. Ive been swither on this and just confused myself i think so any help would be very much appreciated.

    Clt moved to new address on the 12/12/14 but tenancy does not start until 1/1/15

    Tenancy end date at old property is 11/1/15. The clt moved to a smaller private rent from a Social sector landlord due to the SSSC.

    Can Benefit on one home be paid from 12/2/14 to 31/12/15 and then benefit on 2 homes from 1/1/15 to 8/1/15 (upto the 8/1/15 as this is 28days from date of move)

    thanks

    #145337
    pbirks
    Participant

    if clmt moved to new property on 12.12 and had an unavoidable rent liability at the old address at that point, then the old address can be paid for a maximum of 4 weeks.

    Clmt can't have HB art new address from 12.12 as appears doesnt have a rent laibility.

    HB will start at new address when her rent laibility starts. If that is before the end of the 4 weeks notice period then for that operiod only they can have hb ob 2 homes

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