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DHP and Rent arrears

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  • August 18, 2009 at 2:19 pm #19642
    peham28
    Participant

    I have just come back from an Appeal Tribunal, whereby we haven’t paid any HB due to PFA rules – and our decision was upheld.

    However the magistrate mentioned the Gargett case, as the tenant was in substantial arrears, and suggested to the Housing Officer who attended to apply for a DHP.

    Having never heard of this case I came back, looked it up and read it several times! My question is, can they apply for a DHP to cover arrears built up during a period where there was nil entitlement to HB, as I note this case covers arrears built up during a shortfall in HB

    We are paying HB now as the wife has returned to Thailand and has no intention to return. So does the fact that HB is now in payment allow an award for a previous period? Hope this makes sense

    August 21, 2009 at 12:26 pm #442
    Anonymous
    Guest

    In short, no! The key feature in this case, from what I can remember, is that the clt wasn’t on full HB for the past period over which the arrerars had accrued but they have to be entitled to something.

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