New tenancy date of claim

New tenancy commenced 10.5.10. Tenant claimed IS and HB at jobcentre on 10.5.10.  Moved in 10.5.10.  IS awarded 10.5.10.  HB have only awarded from 17.5.10 (Monday after 10.5.10)  is this incorrect?  On what basis do we challenge to get Hb from tc date?  thanks for any help

One of the easiest challenges you should have :-).

In “HB speak”, this is a “Week one - yes” case.  All references to legislation are by way of the “working age” HB regulations.

In short, the claim date is plainly Monday 10th May; in this case, set by either HBR 83(5)(a) or (e) .  The default position for the date of commencement is the following Monday (i.e.17th).  However, there is an exception.

Under HBR 76(2), the date of commencement is 10th May because “...a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made…”

If the LA really has got this wrong AND insists 17th May is correct, that is pretty much as incompetent as you can get.  The “week one - yes” scenario is absolute bog standard every-day benefits administration.  There is absolutely no excuse whatsoever for an error of this nature.

NB:  Just to cover bases….  Even if this was a case of an ongoing award of benefit during which there was a change of address, the date of change is still effective from 10th May 2010.

thanks for that - I’munsure on what basis the claim should be assessed for the first week - on IS or whatever income they had before?  I’ve had first week of tenancy claims before & understand them but because of the IS award being the same day it’s thrown me a bit
thanks again

HB should be based on IS for the first week.