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    In a case where a person has an overlapping liability for two dwellings, due to a delay in moving into new property, but doesn’t qualify for HB on both homes under the Regs, can we award DHP to meet the rent on the new home for overlapping period?

    Dudes and Dudettes,

    i have a scenario

    Claimant getting full HB on old address

    Tenancy for new address starts 30.11.09

    Doesn’t move in until 19.12.09 as has two autistic children, and one with ADHD and needs to decorate, etc to minimise distress (not disabled adaptations though)

    Can we pay DHP to meet the rental liability on the new property for the overlapping period, and is there any restriction on the amount?

    as no HB is eligible, i dont think we can pay DHP on this one – can we?


    I believe that you are corerect.

    My understanding is as you have stated, for DHP to be awarded, there must be an entitlement in the first place in which it may be award upon.


    Sean you are correct

    You cannot award DHP where HB is not in payment. The claimant should have moved into the new property at the correct time.

    Kevin D

    I agree with the above responses. However, I’d be very careful how the DHP decision is worded. To avoid the possibility of a legal challenge, it may be worthwhile responding in terms of:

    1) We don’t think there is entitlement in any case; but…

    2) If there was, the LA exercises its discretion not to pay a DHP in these circumstances based on the facts of this case.

    The second arm prevents it being subsequently argued, in the event that “1” is wrong, “…you would have paid otherwise…”.

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