Terms & Conditions

[Jan Canfield]

I have been reading Reg 5 (5 ) over and over. And CSHB/385/05; and CH/2004/2005, and also of course CH/2201/2002.
I have a claimant who did not move into the property until 3 weeks after her tenancy began and she was receiving housing benefit at her previous property. ( She gets high DLA )
reg 5 (5) (e) seems to be the one I would look at for the retrospective period after she moved into the new property.

Is there ever an instance where housing benefit can be paid prior to moving in when benefit is paid at another address for the same period?
( Reg 5(6) cannot be applied as she was getting benefit at her previous address for the same dates she wants benefit at her new address. )
The only way around this seems to be a DHP, but this seems such a cheat.

Can anyone advise please?

[janish]

I think you are correct, she can only get benefit for the period prior to moving in if the delay was necessary in order to adapt the dwelling for disability. (HB Reg 2006 7(6)(e))

[Jan Canfield]

Thanks Janis,
I must remember to use the new 2006 Regs, thenew numbers just don’t come naturally!

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