Not entitled to housing benefit?

Hi . I have a cl who had been homeless for nearly a year, ( sleeping on friends floors ). He is in receipt of IB JSA . He eventually managed to borrow a deposit for a flat from family and find a landlord that would accept HB and didn’t need a reference. He made a claim for HB but after a visit from the council they said he is not eligible as he does not have anything at the property. He does not have anything at the property because he has no possessions after being homeless on a low income for a year. He applied for a community care grant to help with furniture but was turned down. ( He is appealing ).For him an empty property is better than being homeless. He told the inspector this and also that he stayed 1 night a week still with friends. He has been waiting about 7 weeks to get this decision and is worried about being evicted. He does not have a legal right to occupy any other accomodation. He is not claiming HB for anywhere else. What is the best way to appeal?

Thanks

Keep it simple.  The appeal:
————————————-
“This letter has been compiled for me by a Welfare Rights Advisor.

I am appealing against [council’s name] decision of [date] that I am not entitled to Housing Benefit.

The grounds of appeal are:

1)  I am occupying the dwelling as my normal home and I have a legally enforceable liability to pay rent.
2)  The Council has no evidence to the contrary, nor can it as I do, as a fact, live at the dwelling.
3)  In turn, I have a prima facie entitlement to Housing Benefit under s.130 of the Social Security Contributions and Benefits Act 1992,

Nothing within regulation 7 of the Housing Benefit Regulations 2006 has the effect of treating me as not occupying the dwelling as my home.

Further, none of the barring provisions under regulation 9 of the same regulations apply, nor has the Council suggested otherwise.

Please urgently forward my appeal to The Tribunals Service, with a full response, including ALL evidence and documentation connected to my case; this being in accordance with Rule 2 of The Tribunal Procedures (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 and following the principles considered in CH/3240/2007.”

———————————————————-

Worry about “furniture” arguments at the hearing itself.  Obviously, if the Tribunal issues a direction for more info, your client must comply with that direction.

Hope the above helps.

contact the Local Authorities Homeless Unit, they will have a contact number for the local basic needs furniture charity…

Thank you will see how it goes…...................