HB prior to occupation

I am assisting a tenant who has fled her home due to fear of domestic violence. Her tenancy commenced 12.09.11 but she did not move into her new address until 18.09.11. HB was subsequently paid from 18.09.11. From what I can see, HB prior to occupation can only be paid on the grounds of awaiting a social fund payment connected with the move, awaiting the completion of disabled adaptions or if liability commenced whilst in hospital/residential accomodation.

Is there anything I have missed with regards to payment prior to occupation on the grounds of domestic violence? Long shot I know but any help would be gratefully received.

This is open to argument.  Was this a brand new claim?  If so, and if the date of claim was 18 Sep 2011 or earlier, it is arguable that HBR 76(2) provides that HB should be payable from 12th Sept.  This all depends on the LA’s interpretation of HBR 80(3).  Some LAs take this to mean that both the tenancy start date AND occupancy conditions have to be satisfied in order for rent to be eligible.  Other LAs take the view that this is too narrow a view.  I’m not aware of any case law on the specific point.

Martin

You say that the tenancy commenced on 12.9.11 and she moved in on 18.9.11.  Did she do anything the week commencing 12.9.11 to show that the new premises became the home she normally occupied?  She does not have to sleep there to satisfy this - moving items of furniture in may satisfy that she occupied the home as her normal home.  The facts in the case may help as the law does not appear to help your client.

Hope this helps.

Shabir

On moving furniture in see R(H) 9/05.

Thanks to all for the replies.