Terms & Conditions

[emm]

I have received a request for an overlap of benefit- the claimant is moving from one property to another both owned by the same HA, he is liable on his old address until 8/1/07

However, i think the claimant is really asking for benefit to be paid on the new address prior to moving in. he is laible on his new address from 18/12/06 and he cant move in because he has applied for social fund and needs furniture ect ( he has not specifed what items).

I don’t think i can pay it, as he is liable for another property prior to moving in, i’m sure the regs 7 (8) use to say this but don’t appear to say it anymore- is this right ???

and as he hasn’t moved in yet i can’t pay the overlap either.

any thoughts!!!Please

[Darren W]

I agree with you, but reading Reg 7 ( 8 ), it does appear that it does not say they cannot have had a liability at the previous address.

[Anonymous]

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—
(e) in the case where a person—
(i) is treated by virtue of paragraph (8) as occupying a dwelling as his home (“the new dwelling”) and sub-paragraph (c)(i) of that paragraph applies; and
(ii) he has occupied another dwelling as his home on any day within the period of 4 weeks immediately preceding the date he moved to the new dwelling, for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.

Does Reg 6(e) not cover this scenario where they are liable for a previous address?

However, if they are waiting on a social fund payment, they also need to have a child under 5 or one of the relevant premiums in the applicable amount.

Correct me if I’m wrong.

[Anonymous]

Beg your pardon that only applies to c(i) which is awaiting adaptations for a disability.

Sorry!!

[Author]

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