DHP on previous home where liability remains

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  • #19603
    Michelle Hunter
    Participant

    Would really appreciate some help/advice on the following case scenario:

    Customer moves into daughter’s property (daughter recently deceased) to look after grandchildren, council housing have only just given her the tenancy recently but have made her liable for this address from 01/10/2007. In the meantime she has kept the tenancy of her own home until custody is decided and remains liable for rent on this house.

    HB is being paid to her for the council house in which she is residing with her grandchildren and we are intencing to pay the 4 week extension of overlapping liability.

    She has requested dhp on old address. We have already decided to pay the 4 week extension on this address, can we pay a dhp for any period after the 4 week overlap to take account of her rent liability at the old address.

    Hope this makes sense.

    #324
    jon_s
    Participant

    To receive a payment of DHP towards the rent the claimant must also qualify for housing benefit. In the instance you quote I assume that the housing benefit entitlement ceases after the 4-weeks paid as unavoidable overlapping tenancies, so you would not be able to award any additional DHP after the 4-week period.

    #325
    Michelle Hunter
    Participant

    Thanks for your reply.

    As the rent liability on her new address is higher we are going to pay HB on this address, but as stated she still has a liaility on her old address.

    Also it does not mention in the Regs that a person has to be resident at a particular address for a dhp to be awarded and she has an entitlement to HB albeit on her new address.

    #326
    AndrewDonald
    Participant

    I’m with you on this 1 Michelle.

    On occasion we pay DHP to people that have 2 rent liabilities. The basis of the award is that they have HB. The regs dont say you can only pay the difference between the HB and rent charged at the property they live at therefore you can pay DHP for the gross rent charge where they live plus the HB. Magically the resulting credit ends up being paid towards the rent at their old address.

    I have had a few auditors sniffing through my books over the years (no offence auditors!) and not even an eyebrow has been raised.

    On the basis that DHP is there to help where the HB scheme fails to help the people that need it, my conscience is clear.

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