Terms & Conditions

[craigworc]

A hostel resident has a claim that is cancelled after the hostel tells us she has moved out. We send a cancellation letter to the hostel provider and to the claimant at the hostel address.

A number of months later we receive a new claim from the claimant for the same address saying that they never left and the landlord backs this up.

In this case do the normal hostel rules apply (re no need to backdate and no time limit for applying?) and we pay from the date the previous claim ended or, as we sent letters to both claimant and Landlord and they didn’t relpy, can we pay from the date the claim was made and make them apply for a backdate?

Thanks

[Andy Thurman]

Good question Craig!
As I’m really not sure 🙄 I’d consider treating the new claim as a late request for a revision. You would have expected the hostel L/L to challenge this earlier but it isn’t their HB claim. Although the clmt was notified, if they were not then asked to pay any rent by the L/L (& given the likely vulnerability/health issues) until some months later, they could ‘reasonably’ have assumed that it had all been sorted out & that they were getting HB.

Or 😉 , has the clmt not forgotten that they [u:249e0a86de]did[/u:249e0a86de] leave as per the original decision only to return the next day?? Perhaps if their memory was jogged! That would make things a lot easier… 😯

[Kevin D]

[quote:32d14fc990]A hostel resident has a claim that is cancelled after the hostel tells us she has moved out. We send a cancellation letter to the hostel provider and to the claimant at the hostel address.

A number of months later we receive a new claim from the claimant for the same address saying that they never left and the landlord backs this up. [/quote:32d14fc990]

In preparation for the appeals submission, the phrase “[b:32d14fc990]highly improbable[/b:32d14fc990]” does seem to spring to mind very easily. Wonder what the odds are of a Tribunal upholding an LAs refusal on this. {Note to self: must stop thinking of everything in terms of odds……}.

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