× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

The perils of being nice. 

Rehousing Advice.
forum member

Homeless Unit - Southampton City Council

Send message

Total Posts: 637

Joined: 16 June 2010

Can anybody tell me if a 1 day gap in rent/accommodation charge liability…..... during a change of address process,  must end a HB claim?

Client’s bed and breakfast (daily charged) ends Saturday after client returned keys…....Social tenancy starts Monday. (Social landlord has been signing on a Friday and then allowing tenants to move in early (over weekend) prior to tenancy commencement date on the Monday)

I ask because any sort of gap in a Full Service area, appears to end HB and trigger a UC claim, (natural migration) creating a 6 week plus delay in all benefits UC ........all for the sake of a 1 day break…........

HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2895

Joined: 12 March 2013

My view is that it is impossible to be entitled to HB for less than a whole benefit week.  Unlike most other benefits, the primary legislation does not specify a period for which a person is entitled to HB - for example CTR is awarded for a single day, AA/DLA are paid at a “weekly rate” and so on. 

Starting at s130 of the SSC&B Act 1992, HB is calculated by reference to an “appropriate maximum HB” which is to be determined in accordance with Regulations made under s130A.

HB Reg 70 says that appropriate maximum HB is the claimant’s eligible rent “calculated on a weekly basis”.

Reg 80 provides for that weekly amount to be derived from a sum that is less than a full week’s rent in some cases, but it is still always a weekly eligible rent.  In this case, the claimant has had a change of address without any overlapping rent liability: this is covered by Reg 80(3)(c)(ii).  The eligible rent for the week of the move is calculated by “multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay”.  That would 6x old plus 0x new.  So the eligible rent for that week is calculated as six days’ B&B charges.  But he is still entitled to HB for the whole week: a benefit week is an unsplittable HB atom.  Therefore the HB award is continuous and the claimant is not required to claim UC.

Rehousing Advice.
forum member

Homeless Unit - Southampton City Council

Send message

Total Posts: 637

Joined: 16 June 2010

Thank you

Kind Sir.