My cl was in a Salvation Army hostel and claimed HB.He accepted a tenancy with the council but couldn't move as his CCG application was refused.There was a delay of some 5-6 weeks and he had liability on both properties and obviuosly arrears on the council one.I applied for HB overlap but the council say he doesn't qualify because he had an existing liability at the Salvation Army hostel.Am I missing something, why elas would he need HB on 2 homes if he didn't have liabilities on both?I quoted CH/1911/2006 as cited in CPAG but there was no comment.

Wed 10-Jun-09 10:55 AM by Kevin D

The difficulty here is that the overlap was for a period BEFORE occupancy of the new home. In these circumstances, HB can only be paid on two homes if the delay was BOTH reasonable and necessary "...in order to adapt the dwelling to meet the disablement needs of that person or any member of his family...".

Any other reason is irrelevant. HBR 7(6)(e) applies. Notably, CH/1911/2006 is in the context of HBR 7(6)(d) and, as such, has no bearing on your client's case.

As an aside, I am aware of 9 CDs where HBR 7(6)(e) has been at issue. All have been found in favour of the LA. The majority were on the issue of what constitutes "adaptations" to the dwelling, but none of the others will assist your client (based on the info given so far).

NB: The maximum overlap is 4 weeks in any case.

Thanks Kevin, the penny has finally dropped!