Regulation 7 query

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  • #44018
    lesleyb
    Participant

    Received an enquiry – looking for information regarding HB in the situation below.

    Pension credit age claimant in hospital has been offered a tenancy (no details as yet of date of entry) so I'm looking at regulation 7 – entitlement prior to moving in and the requirement under the same regulation to make a prompt claim.  The guidance is saying it is necessary to claim or notify the move promptly (i.e. before or in the first week of the new liability for rent  – unless the claimant requests and is awarded backdated benefit or the claimant or partner has reached pension credit age).  I know this is where a claim covers any period in the three months before the day the claim is actually received but only back to the day they reached pension credit age or the day they became liabile for rent or council tax if later.  But how does this regulation interact with Reg 7? 

    thanks   

    Lesley

    #125056
    Chris Robbins
    Participant

    Does you claimant currently have a liability for rent and a HB award at a different property? You don’t say if you are simply looking at paying for a period prior to occupation, whether it is a potential new claim or whether you are superseding an existing award and have a possibility of overlapping liabilites on two properties.

    #125057
    lesleyb
    Participant

    She has been in hospital since 28.05.12 (just told about this today) and it has been decided that she will not return to her normal home (rented) – therefore temporary absence under 52 week reg will end. She will be in hospital for a further three months and during this time the liability for the new home will commence(no details as yet). So I don’t know if the liability for the current property will end immediately before the new one commences, but there will be no HB in payment for the old liability at the time of the move. The has only been offered at this stage.

    Sorry info not very good, but the enquiry is one of those ‘what will happen if’ scenarios.

    So yes I will be looking at a potential new claim.

    #125083
    Chris Robbins
    Participant

    I would have a look at R ( H ) 9/05. If the lady has given up her current tenancy and signs for a new tenancy while still in hospital the question for you is from what date she can be considered to be occupying that new property as her home.
    The above decision provides authority for saying it becomes her ‘home’ when her furniture is moved in. What you need to find out is what is happening to her furniture and personal effects. She is in hospital, her previous tenancy is terminated, her effects need to go somewhere. As you cannot consider a hospital to be a person’s home, my view is that when she has arranged for her new tenancy to be furnished that will then be her home and she is ‘occupying’ it. The decision in R ( H ) 9/05 makes it clear that ‘occupation does not mean a person has to be physically present.

    #125084
    lesleyb
    Participant

    Thanks for that – great help.

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