LHA and 13 week protection

Don’t know if anyone can help me on this one.
Got a client who rented a room in a property and claimed LHA.  Client had claimed JSA from 27th Sept and had been living with her brother before moving and claiming LHA on the new property.  Client rented the room from 1st Nov and paid 4 weeks rent in advance, £400 and a further £400 deposit. A decision on LHA was made on 22nd Nove to backdate to 1st Nov.  Client requested the 13 week protection that would have meant she received £100 per week.  This has been refused by LA as they say client could not pay the rent out of her own means.  Client had £600 in an account and a further £6,000 could be accessed but was under crown restraint and required a solicitor to apply for release.  The LA are saying that because she could not meet her rent commitments from the beginning of the tenancy then she would not have claimed HB.
Any help on this would be appreciated as it is going to Tribunal

If you can show the claimant could afford the rent when the agreement was made, and based on your post it looks like 50/50, then the 13 wk protection should kick in. I would take it to the tribunal and see what happens. There’s nothing to lose.

was thinking it would just have to be take a chance at tribunal. Cheers for the reply

i had to look up “crown restraint” and came up with this:

http://www.cps.gov.uk/legal/p_to_r/proceeds_of_crime_act_guidance/

Just to clarify a point.  The test isn’t just about being able to afford the rent.  The wording in the legislation relates to the “financial commitements” - that implies a wider test than just the rent.  The test must be applied to the point in time that the commitments were entered into.

One other point:  has the clmt been on HB within the past 52 weeks (anywhere)?  If so, there can be no 13 week protection irrespective of the “financial commitments” test.