MOD properties – damages for trespass

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    lesleymain
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    Help! We have a claim where the claimant has been medically discharged from the Army on 14 January 2007. He has supplied a letter stating that from 26 April 2007 he becomes an irregular occupant and liable for payment of Damages for Trespass – which is fine I know that we can pay HB from that date.
    Our problem is that he has also supplied a letter dated prior to his discharge stating that for the period from 15 January – 25 April he will be charged for his accommodation at service rates – with a set charge which incorporates a contribution towards council tax and water.
    Claimants are arguing that we should pay this, we have argued that it is only when he becomes an irregular occupant that we can pay – and Adelphi have not exactly clarified the matter for us.
    Anyone any ideas – and if so on what reg we can pay or turn down.
    thanks

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