placeing of claimants in another LA

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    Please can I have some help

    The local community mental health team placed a customer within another Borough.
    Community Health Team expected us to process the claim for HB even though it was within another borough
    The borough in which the person was placed is refusing to pay the HB.

    Please can someone tell me the clause or the reg or where to find it that the placing borough would use ‘to enable the placing borough to pay HB for another borough’ as we feel we do not have to pay it and it should be the other LA that is responsible.

    There is a clause in the homeles act that covers this senariio – but where is it?
    I hope this makes sence.


    Sounds exactly the same as this thread:


    Same case perhaps?

    From the way the arrangement is described in that thread, it would appear that CMHT has facilitated a private deal between the claimant and landlord, and is underwriting it for the time being because of the benefit dispute. But HB will only be your responsibility if your Council (through any of its departments) is charging the claimant rent – if that is so, you reduce his rent by way of a rebate. Otherwise, it’s up to the other borough to pay rent allowance.

    You could offer to assess HB on the other Council’s behalf under s134 of the Administration Act, but it is ultimately their case if my understanding of the rent liability is correct (i.e. a private tenancy or licence). Even if your Council was discharging homelessness duties when it fixed him up with the place, the thing that dictates HB responsibility is the payment of rent. You can only rebate what you are charging him yourselves, and oif you aren’t charging him rent it’s got to be a rent allowance paid by the borough in which he lives.

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