Tue 15-Apr-08 02:57 PM by Tony Bowman
How did you get there?
I'm having difficulties because I can't see how reg 57 applies at all. Sub para 2 doesn't apply becuase the liability didn't arise for the first time during the week the claim was received. Sub para 2 allows the claim to be paid from the beginning of the liability where the liability arises, for the first time, in the week of the claim.
Para 1 sets out the usual rule that entitlement starts the week after the claim is received. But I'm struggling with it because it seems to assume that the liability already exists and has, as a starting point, the date of claim.
I suppose, since the claimant wasn't in occupation, there is simply no entitlement from the date of 1st claim so, in theory at least, the claimant would have to make a second claim at the point of moving in. But in that case, para 1 of reg 57 would apply meaning the LA were correct (I still don't see any application sub para 2).
Have you checked if the claimants accommodation is any of those listed in sub para 3, which would bring in sub para 2?
Have you checked the 'advance claim' rules? See CPAG handbook (07/08) page 193 (moving home) (reg 7(8) HB regs). This would fit in with my interpretation of reg 57, but aside from the required two claims, there are other conditions that must be met.
Maybe others could offer more...?
Tony
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