start dates for pensioners

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  • #32019
    tracycox
    Participant

    can someone please clear this up for us as we are checking claims and have gone blank!
    Pensioner on guarantee credit accepts a tenancy for a property in our area starting on the 15th march 2010 – moves into the property on tuesday 23rd march 2010 – makes the claim with us on the 29th march 2010 – please can someone clear up the date we should have started the benefit from and if poss point us in the right direction of the regs covering this.

    Thanks

    #42516
    Kevin D
    Participant

    Assuming none of the 2-homes or HBR 7(8 ) provisions are at issue, the correct start date is 29th March 2010.

    There can be no entitlement until occupancy takes effect. The claim cannot be valid until there is occupancy – 23rd March in this case. As the date of claim and first time liability do not occur in the same week, the “following Monday rule” applies.

    Relevant case law is “Robinson” [aka R(H) 4/04] & R(H) 9/07.

    [Edited] If CTAX liability is from 23rd March, CTB can starts from that date.

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