HB prior to moving in

Hi,

Looking for a bit of advice on this one if possible.

Situation is as follows: Gentleman in question is currently in hospital having treatment for a very serious health problem. Whilst in hospital he has relinquished the tenancy on his former home as due to his health problems it is no longer suitable for him (3 flights of stairs and no lift).
He has been offered a tenancy at a sheltered housing scheme which would be ideal for him. Problem is, he doesn’t know how much longer he is going to be in hospital but it is looking likely that he will remain in hospital for more than a further 4 weeks.

Local authority are saying that they will only pay a maximum of 4 weeks HB prior to moving in and he has to have moved into the property before they will pay the 4 weeks prior to moving in. I’ve looked in the HB Regs and as far as I can see, this seems correct.

However, I’m sure I’ve seen a commissioners decision somewhere where the situation regarding what counts as occupying the property was debated (am sure it involved an elderly lady who signed a tenancy and was then admitted to hospital when the tenancy started).

I can’t for the life of me find this decision though, can anyone else help or am I dreaming this?

As always, any advice or information would be gratefully received

Cheers

John