Welfare Rights Officer Salford City Council, Salford Welfare Rights Service, Salford Member since 11th Feb 2004
dwelling occupied as home Wed 28-Apr-04 12:40 PM
Client moved into local authority accomodation from private rented but for the first week of her tenancy she remained at the house during the day only, cooked at the house but returned to her mothers house for all but one night to sleep because she had not been able to move her bed. She was occupied throughout the period decorating the new property. The authority have only agreed to pay HB from the week after when she slept there as well.
Is it worth arguing that she was resident for the first week even though she did not sleep there?
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London Member since 22nd Jan 2004
RE: dwelling occupied as home Wed 28-Apr-04 01:24 PM
Even though she only slept in the property for one night in the first week, I would argue that it is enough to establish that she occupied the dwelling as her home in that week and is therefore entitled to HB
There is an old SB decision that could be useful R(SB)7/86