When to pay from?

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  • #39477
    Anonymous
    Guest

    My scenario is:-

    Tenancy start date is 1/10/11
    Claimant occupied 5/10/11
    HBCTB claim received 3/10/11

    She is already in receipt of PCSC.

    We have paid the claim from 5/10/11, date of occupation, but should it be 10/10/11, Monday following date of claim?

    Help please! :~

    #112276
    Kevin D
    Participant

    Assuming HBR 7(8 ) isn’t engaged, nor HBR 7(6)(e), the correct start date should be 10 Oct 2011. This is because there simply isn’t a week-one claim so it’s the following Monday by default. Relevant case law is R(H ) 9/07 and SoS DWP v Robinson & Sunderland CC (2004) EWCA Civ 342.

    #112279
    Anonymous
    Guest

    Many thanks

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