Terms & Conditions

[graeme]

Hello

Circular A14/2004 said ‘The claimant has four weeks from the end of the extended payment period to make an in-work claim.’

Does anyone know if this is still true and if not could you point out which circular announced the change?

Thanks

[David]

This should provide the answer -para 6- yes, it is correct

https://hbinfo.org/menu2/hbregs06/072_06.shtml

[Anonymous]

Yes, it’s still the case – Reg 72(6) of the HBR 2006. I’m not sure if this was a change or if it was always the case.

[ig2kbar]

Having read 72 (6) – it is not apparent that the “period” they refer to with regard to a further 4 weeks in which to make an in work claim – is after the end of the extended payment period (does that make sense??) as a strange coincidence the very same argument is raging in the office as we speak!!! 😆

[Anonymous]

If you edit out a lot of the lawyer speak from the reg it makes sense…try this:

In a case where [an extended payment has been made] the beneficiary shall be treated [as if they were entitled to HB during the 4-week EP period] and any claim for housing benefit made by the beneficiary within [the 4-week EP period] or the 4 weeks thereafter shall be treated as…beginning immediately after the end of his previous award.

[mikeh]

I’m just looking at the reg at the moment and there is no mention of the term (or similar) ‘thereafter’. Therefore, I can only interpret the reg as allowing a claim to be awarded immediately after the EP period where the claim is made within the 4 week EP period

[Anonymous]

[quote:c2dcf18d21] In a case where a payment has been made under this regulation—

(a) the beneficiary shall be treated for the purposes of these Regulations or, in a case to which regulation 4(2) applies, of as the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as though he were entitled to and in receipt of housing benefit—

(i) during the 4 weeks immediately following the last day of his entitlement to housing benefit; or

(ii) until the date on which his liability for rent ends, whichever occurs first; and

(b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks [b:c2dcf18d21]thereafter[/b:c2dcf18d21] shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.[/quote:c2dcf18d21]

Here’s the link to the OPSI site:

http://www.opsi/si/si2006/20060213.htm#72

[mikeh]

I hold my hands up, my copy of the reg did not display paragraph (b). Thanks for clearing that up

[ig2kbar]

Cheers Andy – usual Regs – clear as mud eh! 😆

[Andy Thurman]

I’d further assert that the clmt only has to make an intention to claim during these four weeks, as long as written claim follows as per usual rules – date of claim is established under HBR83, the EP regs (72/73) then allow it to be “in respect of a period beginning immediately after the end of his previous award of housing benefit”.

[Author]

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