Reg 79(2) & (8) -Liability ends Sunday; Moves out Monday

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  • #31599
    Anonymous
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    As the title suggests, I’m a bit confused with the relationship between reg 79 paras 2 and 8 where liability ends on a Sunday but the claimant does not move out until the following week.

    It would make sense to not pay any HB for the week in which there is no liability, but is this what the regs say?

    [quote:e335f357b4]79(2) Subject to paragraph (8) and regulation 8(3) of the Decisions and Appeals Regulations where the change of circumstances is a change in the amount of rent payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.

    79(8) Subject to paragraph (9), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, in which case that change shall take effect on the day on which it actually occurs [/quote:e335f357b4]

    I would have thought, similar to JSA ending, that the date of the change is the first day of nil liability (ie Monday) which would suggest that we pay HB until the end of the week. Is this correct?

    #88322
    Anonymous
    Guest

    *bump* Any takers?

    #88323
    Anonymous
    Guest

    [quote:2b9e9060e2]Meet me, meet me at midnight among the Queen Anne lace
    Midnight is not a moment, midnight is a place.[/quote:2b9e9060e2]

    Bet that takes you back, eh? School holidays in the 1970s – Robinsion Crusoe and the Flashing Blade. All together now … “You’ve got to fight for what you want, for all that you believe …”

    Not helping much, am I? I honestly do not know in which week the very cusp of midnight falls.

    What makes rent different from other changes of circs ending entitlement is the fact that you are noit trying to pinpoint the week in which it starts, as with an income stream, but the week in which it ends. If you become entitled to a Fred the Shred pension witheffect from next week, I think that can be seen as a change of circumstance occurring next week and effective from the week after that. But rent ending .. a different concept.

    Cannot help, sorry.

    #41198
    Anonymous
    Guest

    [quote:814948a329]School holidays in the 1970s[/quote:814948a329]
    Before my time I’m afraid!

    Hmmm if rent was reduced on a Monday and that had the effect of bringing HB to an end I think we would pay to the end of the week.

    But if there is no rent at all for the week I really don’t think we should pay HB for that week.

    I suppose its unlikely that anyone will ever appeal on the grounds that they didn’t receive HB for the week after their tenancy ended.

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