start date and intention to claim. 

Customer working age on a passported benefit in HB eligible accommodation.
tenancy begins 1 March, she is in hospital, moved in 4 March. been on passported benefits several years

Landlords, who have authority to discuss/provide info for the customer, email us to request a visit 27.3.2018

Visit is done and form received received 8 April .

Claim has been backdated 1 month to 7 march and paid from 11 March. (because a form wasnt in within a month of the customer becoming liable.

But I dont think it needed backdating.

83 5 b wasn’t satisfied (no form back within a month of becoming liable - ) so i’ve gone to 83 5 d (intention to claim) and said that the form received on 8 April should be treated as received 27 March (because the customer had no control over the delay in arranging the visit )

If I’m permitted to treat the form as received on 27 March, does that now mean it satisfies 83 5 b and I (magically) do have a form (treated as being) received within a month of the date she became liable ?? if not, why am I not allowed to treat as being received within a month of the tenancy start date??

This would enable me to pay her from the tenancy start date of 1 March (temp absence for period in hospital)

Query is that 83 5 b states form must be received at a designated office within a month of tenancy start date to treat claim date as tenancy start date.  Form wasnt received until 8.4.2019,
But it was requested on 27.3 and the claim date is treated as being 27.3.2019.

Please can someone clarify for me ???? Thanks - Prisca

I think subparas (b) and (d) are alternatives unfortunately: (d) only applies “except where (a), (aa), (b) or (c)” is satisfied.

But which DWP benefit is the claimant getting?  If it is ESA there is good chance that some contact with DWP might have taken place that amounts to a claim for HB under one of the (4AA) et seq paragraphs, or would even satisfy (5)(d) on an earlier date

Hi Peter
She’s getting Income Support , I’ll check CIS to see if theres anything to indicate that she contacted them before 27.3.2019.
So I’m stuck with a claim date of 27.3.2019?
I’ll also see if theres anything indicating she wanted it backdating prior to the form being received. as we didnt get the form until 8th April, the backdating has only gone back a month from then (I agree with that bi) - Monday after 27.3.2019 is 1st April and backdating that a month gets me back to the tenancy start date.  I Know there is always DHP but I wanted to try and pay good, old fashioned HB!! - Thanks

My bad - she’s been on ESA IR for ages. So - if she advised the DWP of a change of address, would that trigger a claim for HB? I know that the new claim ESA IR scripts used to include questions about Housing Costs and that used to trigger a LACI /LAID being sent to us - but I’m not sure if that still happens - and no idea if the housing Costs questions are asked if customer advises ESA of a change of address - anyone advise me whether its likely a HB claim was made if she advised ESA of her change of address?
Cheers