backdating HB for 2nd property

I am working with a young person with mental health issues. Last year, she was living in a B&B and was finally allocated a council flat, however she had to wait for her social fund payment to come through before moving in as it was totally unfurnished. She was advised by her housing worker from the council to stay put in her B&B until the fund came through, which took 3 months.

she claimed HB for the B&B and tried to claim HB for her council flat, but this was refused on account that she was already getting HB for her B&B.

She is now being threatened with eviction due to the 3 months’ worth of rent arrears she accumulated on the council flat, as she was still living in the B&B. I have requested a review hearing of their decision to evict her, however I would like some help in trying to reduce her rent arrears, possibly by claiming a late appeal on the refusal to grant her HB on the 2nd property. I am presuming I argue that she should be entitled to 4 weeks’ of HB as it was unreasonable for her to move into the unfurnished property but if anyone has any advice on which legislation i should quote or whether i should use a different approach, that would be great.

Many thanks

You need to act very quickly as a loophole closes within the next two weeks.

Write to the Council asking for a Statement of Reasons for their refusal to grant overlapping benefit for 4 weeks. (Get your client to sign the letter). Once they issue the SOR you have two weeks to lodge an appeal.

If you request an SOR after the 1st December the LA can refuse to issue one and there are no appeal rights.

For the remainder of the three months I would ask the Council to write off the arrears as your client was following the advice of one of their officers which was clearly incorrect. You may need to have evidence of the advice given to your client though.

Great, will try this. Many thanks for replying.