HB entitlement start date

Our tenant had a tenancy start date of 20/11/23 and moved in on the 24/11/23. They made a claim for pension age HB a month later and asked for backdating to the date they moved in. HB has been awarded from 30/11/23, ie, the Monday following the date they moved in. However, if they had asked for the claim to be backdated to the tenancy start date, which fell in the week before they moved in, would HB have been payable from the 24/11/23?

They occupied the dwelling in the same Monday to Friday benefit week as the one in which the tenancy began, so they should get HB from that week, but the eligible rent will only cover three days’ rent from the day they occupied.

The Reg to cite is HB(SPC) Reg 57(2)(a).  The version on legislation.gov.uk is missing this and refers instead to a non-existent Regulation.  It’s no wonder really, I remember around that time there were amendments to amendments of amending regs that hadn’t yet come into force, it was almost impossible to keep on top of it all.  The correct version is in the CPAG legislation volume and also on HBINFO, which the Council will have access to.

Thanks for your reply - sorry I’ve just realised I’ve been putting November dates and it was actually October! So the tenancy start date was 20/10/23 and she moved in on 24/10/23, which was in the next benefit week. So if she had asked for the claim to be backdated to 20/10/23, would it have been payable from the 24/10/23 and not 30/10/23?

Ah, now that is a problem.  If the moving in date is in a different benefit week then unfortunately she won’t be entitled to HB until the week after the moving in date: i.e. from Monday 30 October.

It doesn’t matter what she requested, 30/10/23 would be the earliest possible commencement date in any case.

See R(H) 4/04 and CH/2042/2006

Thank you HB Anorak for confirming - appreciate your help