Terms & Conditions

[dp66]

Hi

Can anyone out there settle this argument.

Customer has been in receipt of IS since the year dot and claimed HB at their previous address in another LA. They moved into our area and the claim was therefore classed as a new claim. However the customer did not fill in an HB form until 3 weeks after they moved in. When should HB be paid from?
Our area of concern revolves around the legislation relating to claimants becoming liable for the first time while on a passported benefit. We have argued that they have been liable all the way through and are just liable at a new address. Others are arguing that as they are new to the area this is becoming liable ‘here’ for the first time and therefore the customer has 4 weeks to get the form in.

any offers!
Debbie P

[Anonymous]

If the claimant is already on a passported benefit, they have up to one calendar month in which to make their claim, and if they do so within that time they are entitled from the first day of liability – provided they were in occupation on that day. If they did not move in on the same day as the liability started, but on a later day in the same week, you pay from the first day of occupation. If they move in after the benefit week in which liability began, the date of occupation is the date of claim and you pay from the following Monday.

(See the flowcharts for date of claim/entitlement in the Library section, also Reg 83(5)(b) of the HBR 2006.)

[dp66]

Thank you – we will go with the flow on this one then.

Debbie P

[Author]

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