HB weekly tenancies end of HB

Good afternoon.

We have weekly tenancies .  Does anyone know if the LA should pay HB up to the end of the week (Sunday) if tenant vacates mid week (Wednesday).  If this is the case I would be very grateful if you could cite the correct HB regs as we have started to receive overpayments from Capita. 

Thanks

Hi,

The answer is, like most things, it depends.

The regulation dealing with the date a change of circumstances is to take effect is regulation 79 of the Housing Benefit Regulations 2006.

If as a result of a change of circumstances a claimant no longer satisfies all the basic conditions of benefit then the last week of HB/CTB entitlement is -
•  the benefit week in which the claimant’s circumstances change; and
•  in the last week, the claimant is entitled to a full week’s HB.

However, the situation is different, for example, if the change relates to a move or an alteration in rent liability.

If a move/change in rent liability means HB entitlement continues, the amount of HB alters on the exact day that the move or rent change occurs and in the benefit week of the change HB is calculated on a daily basis.

If a move/change in rent liability means HB entitlement reduces to nil, HB continues until the end of the benefit week in which the move or rent change occurs, so that in the last benefit week the claimant gets a whole week’s HB.

Here is the link to regulation 79 -

http://www.legislation.gov.uk/uksi/2006/213/regulation/79/made

Hope this helps.