Claimants in caravans

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  • #94512
    david kearney
    Participant

    Thanks again Peter. Final request for clarification honest. When you say the DWP’s position is that the council must…

    is this referring to the general guidance and legislation on paying benefit on two homes, or is there specific guidance relating to this scenario? There doesn’t seem to be anything in 12(1) that resrticts to only one of the available alternatives

    #94513
    Anonymous
    Guest

    The authority consulted DWP and received a very detailed reply. It’s not from a guidance publication

    #94514
    david kearney
    Participant

    Don’t suppose said guidance can be put into the public domain? If that’s the DWP viewpoint they’ve not exactly made it clear, and there are lot of authorities out there acting contrary to whatever their unpublished guidance is.

    Anyway thanks again for your comments Peter, roll on the commisioners.

    #94515
    Anonymous
    Guest

    I’ll check with the Council concerned and the official who gave the reply whether there is any objection to the DWP’s views being publoished on HBINFO.

    Incidentally, we didn’t agree with everything the DWP said in their reasoning, but we found the conclusion to be probably correct (subject obviously to the appeal outcome).

    I’ll get back to you

    #94516
    david kearney
    Participant

    Peter

    Bringing this up again. We have now received an appeal, produced by the caravan leasing company and signed by the tenant that among other things is saying they have recently been succesful at tribunal (london borough beginning with a W) on the reg 12 aggregation issue.

    Is this anything to do with the case you were involved with or is that still ongoing.

    Thanks in advance.

    (I will now be contacting DWP for their advice)

    #94517
    Anonymous
    Guest

    Where does it say that you [i:825f1e9d2e]can’t [/i:825f1e9d2e]pay for the rent [b:825f1e9d2e]and [/b:825f1e9d2e]the site fee (in Regulations I mean, not DWP “guidance”). The clt occupies a caravan which attracts 2 separate “rents”. I don’t understand why DWP think he can’t be eligible for HB on both.

    #94518
    david kearney
    Participant

    conversely where does it say that you can? There are a number of specific provisions in the regs that allow for the payment of two liabilities. This situation does not appear to be one of them.

    #94519
    Anonymous
    Guest

    No, legislation talks about liability on more than one dwelling, which is not at all the same thing as having one dwelling with two liabilities.

    #94520
    Anonymous
    Guest

    Sorry I forgot tpo follow that up. I have asked the LA concerned and DWP whether they mind me pasting the DWP advice and my analysis of it.

    I understand they are proposing to prescribe local authority caravan sites as cases where rent rebate falls to be paid as rent allowance. I think that will get round the technical problem of having two different ways to calculate the claimant’s eligible rent.

    Hopefully have more details for you later.

    No it wasn’t a London Borough beginning with W.

    #94521
    Anonymous
    Guest

    How can it be a rent rebate when the housing authority are not the landlord (the County Council are in our case)?

    #94522
    david kearney
    Participant

    Thaks Peter

    Chris. so where are the provision to pay one dwelling with two liabilities then? That said, i’m begining to wonder if this is worth carrying on with, as the DWP appear to be set to change the rules, presumably the policy intention is that they should be paid.
    Thanks for your input

    #94523
    Anonymous
    Guest

    Chris: that makes it less of a problem in your case, because both elements of the eligible rent fall to be calculated under the same Reg, which is Reg 12(3)(a) pre-LHA and Reg 12C post-LHA. There is a real difficulty where one part is a rebate under Reg 12(3)(b)/Reg 12B and the other part is an allowance under Rerg 12(3)(a)/Reg 12C.

    Whether it’s rebate and allowance or all allowance, I still think it would help if Reg 80(9) could actively say that two amounts of eligible rent are acceptable in cases of this type, just as it currently says for Reg 7(6) cases.

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