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Top Housing Benefit & Council Tax Benefit topic #250

Subject: "From owner occupied to supported sheltered housing" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

From owner occupied to supported sheltered housing
Tue 13-Apr-04 01:21 PM

Hi all, I have an elderly client who has moved from her owner occupied property into ssh (classed as RSL)within the same Authority. She was on full CTB at her own prop when she moved in on a trial basis in Decemeber 2003. 4 wks later she decided to move in permanently but didn't submit her HB claim until March. LA now want good cause for backdate to Dec. I have a no of queries about which I would appreciate your input:

I''m sure I'm right in that she shouldn't have to prove good cause as she's >60.... Further, is this classed as a change of circs or new claim (she had CTB but no HB at former property)?

I was hoping LA would make interim payments within 14 days but they say not as it's a RSL and therefore not treated as a private landlord. Her claim will be processed as 'normal' which will mean a delay of several weeks at least. (LA agree HB is awarded for these tenancies). She's therefore having to pay the £170 rent out of her AA, IS and SRP. Is there any way I can speed things up ?

I'm assuming HB will be paid from the commencement even though it was a month's trial period?

Cheers
Sue

  

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Replies to this topic
RE: From owner occupied to supported sheltered housing, jmembery, 14th Apr 2004, #1
RE: From owner occupied to supported sheltered housing, suelees, 14th Apr 2004, #2

jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: From owner occupied to supported sheltered housing
Wed 14-Apr-04 09:19 AM

Sue,
HB and CTB are separate benefits so this would be a new claim not a change of circumstances.

If claimant is over 60 they do not have to prove good cause to have the case backdated. (See other discussion threads for details).

Payments to RSLs are still payments of Rent Allowance and a Payment on Account is required under Regulation 91 of the HB Regulations. The LA involved has no choice but to make a payment, but the amount of the payment can be quite small.

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: From owner occupied to supported sheltered housing
Wed 14-Apr-04 09:37 AM

Cheers for that. I've been off for couple weeks so only just seen the other thread.

The LA have already verbally advised they award same for all other tenants so they shouldn't have to pay a small portion. I'll try again but by the time they get around to answering my correspondence the claim will probably have been processed !! I'll phone first and hope it does the trick.
Thanks again.
Sue

  

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Top Housing Benefit & Council Tax Benefit topic #250First topic | Last topic