HB for two homes when adaptations take longer than 6 months

Hello all, hope you can help me

We have been referred a client who after becoming disabled was moved into residential care while a new (social housing) home was found for him, as his private rented property was unsuitable for him to return to.

After two months in respite a new home was found, however this required significant adaptations. The adaptations could not be signed off and improved until he signed up for the tenancy and he was unable to move into the home until the adaptations were then completed.

The adaptations have been severely delayed for a number of reasons. It is now looking like it will be at month six before he will move into property, however, he is already liable for the rent which he is unable to afford, and the landlord has now started eviction proceedings (notice seeking possession has been served).

HB rules in CPAG bible states that you can get HB on two homes for up to four weeks if the reason you have not moved into the new home is due to adaptations in respect of a disability. Aside from the fact that it has now been much longer than four weeks, I do not see that he is actually liable for rent on two homes, because he is currently liable for respite care costs in the care home, and rent at his new home only. As far as I am aware his previous private tenancy has ended.

I thought maybe he could be allowed HB for the period on the basis that he is living away from home due to being in respite care, which can be the case for up to 52 weeks, but the problem is he never physically moved into the property; he was not allowed to, because it is not yet suitable.

What would people suggest is the solution here?

I don’t think anyone has helped him claim HB for the new home as of yet. I am minded to make a claim anyway because obviously we won’t get anywhere without a claim in place, but thought it would be good to find out what legislation it would be best to argue under.

In this type of case it is sometimes possible to argue that the person has actually “moved in” even if they are not physically living in the home yet: where they have ended their previous tenancy and are currently in hospital or residential care and their belongings have been moved into the new home.  See R(H) 9/05.  To rely on that case, there needs to have been some kind of occupation in the sense that the centre of the claimant’s life is now in the new property: ideally, to match the facts of the reported case closely, his furniture should be in the new place.

Otherwise, this unfortunately highlights a situation where the different elements of health, social care and benefits are disastrously not joined up.

That was my fear. Not yet familiar enough with the case to have established whether any of his belongings have been moved in - I fear not because it is awaiting adaptation, so it would not make sense for any of his belongings to have been moved in.

I think it might be worth a go anyway, as a leverage tool to get social services to stump up. For the adaptations to take this long there must have been several cock-ups along the way…