Has anyone ever challenged the anomaly with two homes benefits regarding delays with moving due to awaiting a Community Care Grant.

A client of ours was offered a tenancy whilst in a hostel (claiming H.B) she was delayed moving in for four weeks because she was waiting for her CCG to buy essentials for her and young children

It appears that whilst she could have got HB prior to occupation due to CCG if she was not currently claiming H.B, she couldn't get H.B on both new and old home prior to physical move.

Anyone come across this anomaly/ attempted to challenge it?

Cheers

The only time HB can be awarded on 2 homes if the person has not yet moved into the new home is where the delay is due to adapting the new home for diablment needs.

The head paragraph of reg 5(5) says:

"(5) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only–
(see the subsequent sub paragraphs for the situations where HB on 2 homes can be paid)

Reg 5(5)(e) was inerted wef 5 April 1993 and removes any leeway on the interpretation of how HB on 2 homes can be awarded where there is a delay moving into the new home:

"(e) in the case where a person–
(i) is treated by virtue of paragraph (6) as occupying a dwelling as his home (“the new dwelling”) and sub-paragraph (c)(i) of that
paragraph applies, and
(ii) he has occupied another dwelling as his home on any day within the period of 4 weeks immediately preceding the date he moved to the
new dwelling, for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.

Sub paragraph (c)(i) of HB Reg 5(6) is as follows:

"..the delay in moving into the dwelling in respect of which there was
liability to make payments before moving in was reasonable and–
(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of that person or any member of his family;"