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period of notice

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  • October 9, 2006 at 2:24 pm #22870
    Anonymous
    Guest

    Wonder if anyone can give me some advice? We have an elderly claimant who went into hospital.Then she went straight from hospital to a residential care home. The sheltered housing scheme where she was resident were advised that she could not return to live there from hospital.
    So we have ended her HB from the date she went into residential care as she had no intention to return and did not have a trial period in the home.
    However, she has been charged 4 weeks notice at her former address.

    Is there any way we can pay HB for this? I have a vague feeling that we can pay for a notice period when someone has to move suddenly and has no choice but to pay rent for their former home.However, I have only applied this in the HB on two homes scenario.
    Does it also apply where the only HB payable would be for the notice period and not for the new home?

    October 9, 2006 at 2:45 pm #9985
    Mark
    Participant

    Yes – you can (and should) pay for the 4 weeks. HB Reg 7(7) covers the “non 2 homes” version of the rule when payments are due for the old dwelling but not the new. This provision can’t apply in your case because she’s presumably liable to make payments for the residential care home.

    The provision you should pay under is HB Reg 7(6)(d). I know this appears to only be a 2 homes provision but CH/4546/02 reversed the long-held view that HB had to be payable for the new address before it could apply.

    DWP Circular A18/2004 has a decent summary of it.

    October 9, 2006 at 3:15 pm #9986
    Anonymous
    Guest

    Thanks Mark, I thought we could pay, now I can back that up.

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