HB on 2 homes for fear of violence
a client has been moved by children’s social services due to a threat of violence and is housed by them elsewhere and LA are covering costs via HB. HB paid on 2 homes for a period, then at some point client has been told by social services to report she will not be returning home, she reports this to HB, then HB on 2 homes stops and an overpayment is created. There is an intention to return home if possible and she has not given her tenancy up, but is still housed in temp accommodation paid for by LA. she had to change benefits and claimed 2 homes via UC, they are paying for main residency whilst HB paying for 2nd temp home, thereby UC accepting that there is an intention to return home.
we have challenged HB overpayment on grounds there is an intention to return home, they have refused still and we have appealed. just wondering if anyone has experience of this or can point in direction of caselaw to support our appeal. HB argument is that the intention to return home has to be realisable, this can’t be proved either way currently but client would rather move home than be moved elsewhere.
thanks in advance