Start Date of New Claim

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    Darren Broughton


    I’ve just been comparing our April Changes notes with the slides that the ALG has prepared (available on their website), and there’s something that I’m not sure I agree with. One of their slides deals with the start date of a new claim. Extract below:

    [i:9cc9d64898]”New Claims.

    The first week yes rule still applies, although there are some new considerations.

    When a claimant moves in and claims benefit within that week, HB will be paid from that Monday, provided his or her liability started [b:9cc9d64898]on that day.[/b:9cc9d64898]

    If however the claimant’s liability does not start until after the Monday, payment will be based on the number of days in that week for which he or she is liable.”[/i:9cc9d64898]

    I spent last week updating our Regulations with the April Statutory Instruments and couldn’t find any reference to this. Nor have I been able to find anything in the circulars to this effect. The only time when the liability is starting mid-week is when it’s a Change in Circs, or a Hostel claim.

    Can someone put my mind at rest and let me know if the ALG are corect, and if so, point me in the right direction for the Reg or amending SI.

    Many thanks

    Andy Thurman

    Hi Darren,
    I’m with ALG on this – SI2005/2502 is the relevant legislation:
    Within (old) reg 69 it states:
    “(c) for paragraph (5) there shall be substituted—
    ” (5) In a case—
    (a) to which regulation 65(2) or (5) (date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;”
    As wkly rent for ‘wkly tenancies’ is/was covered by (2)(a) of reg 69, this brings wkly rents in line with daily/monthly for 1st week of tenancy/claim. 🙂

    Darren Broughton

    Thanks Andy,

    Just been comparing the pre-April and post-April Regs and the SI and I can see it now.

    They didn’t mention this on any circular though did they?

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