Hi, can anyone point me in the direction of the reg/caselaw which says that HB can't be delayed while awaiting CTB

Many thanks

Well the main thing is that they are two separate benefits with their own respective sets of regulations. If the unresolved question or outstanding information is specific to the CTB decision then the LA should go ahead and make a HB decision without delay.

I am aware that in the "routine" an officer may not always think "well I still need info for that benefit but I could still pay the other one", but there is no objective justification for it. And as far as I know it presents no problem on any IT systems (not that that would be an excuse either!)

Cheers Andy, that is my understanding also but I thought there was a Commissioners Decision or caselaw regarding the "routine"

From a private landlord evicting a tenant for rent arrears, council tax is of zero importance. I might have a look round some old BFI reports - its bound to be in there.

I agree with Andy and it might also be worth having a look at reg 93 HB regs. If the LA thinks it is 'impractical' to decide the HB entitlement they can make a payment on account (interim payment).

Despite the often over-zealous way that LA's enforce claimants' duties, I've yet to come across a LA that complies with their own statutory duty ("the authority SHALL make a payment...") to make a payment on account where one is appropriate.

A refusal to make a payment on account, so long as the other conditions of the reg are met, would be unlawful and a complaint with a threat of JR - especially of the claimant's home is at risk - should resolve the problem if the LA choose not to acknowledge or comply with thier duty.

You should note however that payments on account only apply to rent 'allownace' and not rent 'rebate', which means the reg doesn't apply to council tenants.