Unavoidable liability

  • This topic has 6 replies, 1 voice, and was last updated 16 years ago by Anonymous.
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  • #23477
    Anonymous
    Guest

    I am dealing with an appeal where the claimant left a fixed term one year contract before the year waas up and gave three months norice from the beginning of April (the contract ended in July). HB has been cancelled from April but I’m thinking that Reg 7(7) obliges me to pay for a further four weeks. Are there any relevant CD’s for this scenario

    #12816
    Kevin D
    Participant

    Apart from the issue of whether the clmt could reasonably have avoided liability in respect of that former dwelling, there is another issue that is often overlooked when considering [b:f7f81b110b]HBR 7(7)[/b:f7f81b110b].

    Does the clmt have a liability to make payments for the new dwelling s/he has moved to? NB: Such payments would not necessarily have to be “rent”.

    If the answer to that question is “yes”, then HB [u:f7f81b110b]cannot[/u:f7f81b110b] be paid because [b:f7f81b110b]HBR 7(7)(a)[/b:f7f81b110b] would bar entitlement.

    Regards

    #12817
    Anonymous
    Guest

    She moved to her parents house and therefore was not liable to pay rent at the new address. What is the test of ‘reasonableness’ in terms of unavoidable liability?

    #12818
    Stalbansbenefits
    Participant

    Kevin, I’m confused. What about Reg 7(6)(d)…?

    #12819
    andyrichards
    Participant

    Stalbans asks the same question I was going to, but I am not sure there is enough info in the original post to make a judgement. How much notice did the contract require? Why did the claimant need to move out when she did?

    #12820
    Kevin D
    Participant

    Yep – fair cop :). Should have added: “subject to HBR 7(6)(d).”

    #12821
    Anonymous
    Guest

    Reg 7(6)d does not apply in this case as she was not liable to pay rent on the new home (she was living with her parents). She moved in with them to recover from an accident which led to a bereavement to her partner. We’ve established that she had no intention to return so temporary abscence doesn’t apply

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