Terms & Conditions

[Anonymous]

Very easy query I’m sure…just having one of those mornings..

New liability 6/9/06
First contact date 8/9/06
Claim form recd 27/9/06
Income Support

Is the first date of entitlement 6/9/06 or 11/9/06?

Also, is there a ‘7 day rule’ for standard claims whereby if form is recd within 7 days of new laibility, start date is date of liability? I haven’t heard of this but some colleagues have….

Thanks

[David]

Ist query – 06/09/06 date of claim in same benefit week as liability start (whether or not IS awarded from 06/09/06, provided you have income details etc

2nd query – claim has to be in same benefit week

[Anonymous]

The “week one rule” is found in Reg 80 4 A 8)

[jerikaz]

I have always understood this rule but when I have been looking at the Flowchart on date of claim/date of entitlement that is on the library section here – the flowchart does not seem to adhere to the rule.

eg new liability 4.9.06, date of claim 6.9.06 & moved in 6.9.06 – I always thought that the start date of entitlement would be 4.9.06 but the flowchart seems to imply that because the claimant was not resident on the first date of liability then the entitlement start date is the date the claimant moved in ie 6.9.06.

Can anyone shed any light on this?

[jerikaz]

Found the reg that applies 76(2)

2) Where a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made, he shall be so entitled [u:77eb5b98fc][b:77eb5b98fc]from that benefit week[/b:77eb5b98fc][/u:77eb5b98fc].

This is not clear what does “from that benefit week” mean? Does it mean the Monday of that benefit week or does it mean the date that they moved in?

[jerikaz]

Since posting this I have read circ A8/2006. Question 12 is relevant to this scenario. The circular definitely confirms that the DWP intention on this – but I cannot link this back to the legislation. I know that in the past DWP guidance has not been backed up by legislation – is this another example?

[Kevin D]

Having looked at [b:d3eac02b73]HBR 76(2)[/b:d3eac02b73], I don’t think this is mutually exclusive to commencing HB from a midweek date.

Before April 2006, I think that it could have been argued that HBR 76(2) meant that HB should always start from the date of liability in the first week (the Monday, if weekly liability) so long as occupancy also happened in that same week, albeit on a later day than the commencement of liability.

However, the wording of [b:d3eac02b73]HBR 80[/b:d3eac02b73] now specifically requires that there must be occupancy as well as liability. There was a thread a long time ago that suggested that was always the case; but in any case, from April 06 I don’t think there is any doubt.

So, HBR 76(2) still allows a “first week” start, but the apportioning effect of HBR 80 makes the start date from either occupancy or liability within that first week; whichever is the later (& assuming both dates are in the same benefit week).

Regards

[Author]

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