HB on two homes and delay in moving in

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  • #39468

    This may be a silly question but I just need to check that we make the right decision.

    We have an elderly lady who was a council tenant. She was in hospital when she was offered and accepted the tenancy of a HA sheltered accommodation flat.
    Her new tenancy started 05.09.11 but she did not move in until 12.09.11 when she was discharged from hospital.

    That was the same date that she gave her notice for her LA home. So her council tenancy ended 25.09.11.

    I think we can give her Housing Benefit for the new address from 05.09.11 because her delay in moving in was due to her being in hospital, and we can award Housing Benefit on two homes to cover her notice period.
    But I’d like to make sure that we can do both.

    Chris Robbins

    No, I don’t think you can cover the first week at the new tenancy. It simply did not become her home until 12.9.11 because she remained the tenant of her former property and (presumably) all her furniture, etc. remained there.
    Payment for a period prior to occupation is covered in HBR7( 8) and gives very limited grounds. Payment on 2 homes nearly always assumes the additional liability is for the FORMER property. To pay on the new home you have to show that your tenant had in some sense commenced occupation but for HB purposes was then treated as temporarily absent. The standard authority on this is R ( H ) 9/05.


    Ok thank you glad I asked.
    As she didnt move in until the 12th and that’s when she gace her notice then she is covered under the two homes rules so we can pay her for her old tenancy notice period.
    We started her HB on her new address fromn the 12th anyway, she had or rather her HA had been querying the period 5th to 11th. but that’s fine I can now explain why she cant have HB for that period.

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