I have recently taken on a case where the tenant of a HA property had to leave due to domestic violence. The tenancy was in her sole name. She left in June 2003, and HB seems to have stopped in August, when she applied at her 'new'hostel address. It is not clear whether HB were aware of the domestic violence at the time.

She has now lost the property, but has outstanding arrears affecting her ability to find anything else. She has one disabled son, age 21, who lives with her, and 2 dependant children.

I am now trying to claim backdated HB for her as temp absent from her home during this time. Does anybody have any helpful cases in this area that I could use?

If the claim was made from a hostel that was known to be a refuge, then you may well be able to argue that the Council had not proved the grounds to end the benefit, since benefit on 2 homes is a determination of fact and not something to be appied for. You might do weel to put in a late appeal as well as a claim for backdating

Have a look at CDLA 2878/2000 as the Commissioner provides a good overview of the authorities on hindsight.

Thanks for that. Unfortunately she stayed with a friend for a time before being housed by the council. She could not access a refuge as she had her 21 yr old disabled son dependent on her.

Will check the case you cited.