Eligible for Housing Benefit??

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  • #31546
    misstc
    Participant

    Hi

    We have a customer who does not live in our area. They live down South on a static caravan site for 10 months of the year. For 2 months they have to vacate the caravan site. I understand they claim HB from their LA for the 10 months they live on the site.

    During the 2 months absence, they booked a Holiday Lodge on a Holiday Caravan Site in our area. The lodge is in a holiday park and was let to them for 2 months for the sum of £2,600 for the 2 month period, which they paid in advance.

    My Manager refused to pay Housing Benefit on the basis that it was a holiday let and there was no actual tenancy or licence to pay rent.

    The customer has appealed stating that they have done this in different LA areas for the past 3 years and have never had any trouble claiming HB from those LA’s during the 2 month period that they took on holiday lodges.

    So, my question – is my Manager right? Or do we have to pay HB for the 2 months holiday let whilst they are living in this area?

    Any help much appreciated

    Thank you
    Tracy

    #88225
    andyrichards
    Participant

    Not sure how one gets to the conclusion that there is no liability to pay rent (one could argue about the amount to be met by HB), which is probably why they generally do get HB!

    #88226
    Anonymous
    Guest

    [quote:a03f55efc0]So, my question – is my Manager right? [/quote:a03f55efc0]
    No 😀

    #88227
    Kevin D
    Participant

    In my view, the Holiday Lodge is not “…the dwelling normally occupied…” as the clmt’s home. Therefore, there is no entitlement to HB irrespective of liability issues.

    #88228
    peterdelamothe
    Keymaster

    I think this is an interesting case and it is right that your LA has considered it (even if others have not). There are other issues that might come into play from reg 7. If the park is closed for two months because it has to be (e.g.) refurbished then this part of reg 7 might apply:

    So I think you have to decide:

    a) where is the claimants “normal home”
    b) if it is in the holiday home then HB is payable
    c if it is in the static caravan, then do any other provisions help them for the period of absence? If not, then HB is not payable.

    “Were a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home, and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he normally occupied as his home or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments”

    #56965
    jonhill
    Participant

    JUst reading an old thread as we have a claim for a caravan which is only allowed to be occupied for 11 months of the year.
    Our particular issue is that the tenancy states that the caravan is not to be used as a permenant home and that our claimant has to provide a permenant residential address that is not the caravan.
    What regs/ caselaw can we use to pay or refuse as appropriate

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