Two homes – overlapping HB but income has changed

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  • #31694
    Clare Easson
    Participant

    We have a claim where the claimant moved address outwith the area on 9 September 2010 however his JSA(IB) ended on 5 Sep. His HB has been cancelled from 12 Sep, the Sunday following JSA(IB) ending and also the Sunday following the date he left the area.

    His rent liability at this address did not end untill 3 October therefore he has asked for HB to be paid up to this date ad he has a liability for rent at 2 seperate properties for the same period, as he was required to give 4 weeks notice to his previous LL.

    Because his JSA(IB) has ended, how to we assess his entitlement to overlap of HB or is he even entitled to this now? He can be considered under EPP as he does not meet the criteria.

    Thanks

    #88641
    andyrichards
    Participant

    When applying this rule, you amalgamate the two rents and calculate accordingly. You don’t work out two separate entitlements. In a case like yours, where there are changes of circs in the overlap period, you assess as you would have done anyway but on the basis of the combined rents.

    Don’t ask me how this would be done on your system though…….

    #88643
    Anonymous
    Guest

    Thirded. I suggest you contact the incoming local authority to discuss how you’re going to deal with this. As your claimant is no longer on a passporting benefit, it is important that you only do one means test (as opposed to each LA assessing HB for its own area seperately). Good luck!

    #103620
    peterdelamothe
    Keymaster

    See a new decision from January 2011, CH/3721/2008 which tried to deal with this issue – and decided the legislation was a mess if it involved two LA’s

    #88642
    Kevin D
    Participant

    [quote:9c52038eec=”andyrichards”]When applying this rule, you amalgamate the two rents and calculate accordingly. You don’t work out two separate entitlements. [/quote:9c52038eec]

    Original post 13/9/2010:
    I agree with Andy.

    Edited 7th Feb 2011:

    See Peter de la Mothe’s post below – new UT decision explaining how 2-homes involving different LAs must be dealt with.

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