transitional provisions 2014 6

Hi looking for some clarification on 6 (2) and (6)  -  UC transitional provisions - exclusion of claims for certain benefits (see also explanatory memorandum 7.5)

This provision appears to say that a UC claimant is not precluded from making a claim for HB if the first notification of intention to make a claim was given before the date on which the claim for UC was made, or is treated as being made.  The memorandum indicates that this is to prevent people disadvantaged by a claim for UC (where a claim was intended to be made prior to the UC claim).

We have a case where a claimant was in receipt of JSA (IB) and started work thus ending JSA. The job lasted under 12 weeks and so the JC advised him to make a rapid reclaim (which he did) and this was paid.  we are full service. He did not have a claim for HB at the time. He made a claim for HB in December 2017 (JSA Is still in payment at that time) the claim for HB was not taken and he was told to claim UC (though claim form was received by HB).  He then contacted JSA and told them he couldn’t receive HB, and JC admitted they had made a mistake and he should have claimed UC. He did this and was awarded from 12/01/18.

He is now in a situation where he has no help with housing costs for the period Dec - Jan. UC have not as yet backdated (and looking at backdating provision im not sure they will, but possibly there is guidance to cover official error (not sure where?) the LA say they cannot pay HB under any circumstances.

I find that the provision to pay as outlined in 6 (6) of the transitional provision is a little unclear. On first reading as this covers a period prior to clt making a claim (or being paid) UC, it seems that HB can be paid, but it stated “before the date on which the claim for UC was made, or treated as made” - is it treated as made because we are in a full service area? 6 (2) says that you are a UC claimant if you are entitled to UC. (which he was) is this whether or not you have claimed it?

para 7.5 of the memorandum states there are new exceptions to the general rule, where the claimant has previously notified their intention to make a claim for existing benefit, and entitlement would pre date the date of entitlement to UC (but what is entitlement? is this by virtue of being in a full service area; or actually having a claim accepted?) 

sorry for the waffle, but can someone please clarify this
thank you