HB on two properties

I have a query about getting Housing Benefit for two properties.

If a tenant is not entitled to Housing Benefit in their privately let property because their income is too high and wouldn’t be entitled to Housing Benefit on the new property for the same reason, is it possible to get Housing Benefit just for the four week period where they have liability for the rent on both properties?

My thinking is that maximum HB is calculated using rent liability, if there is liability for two properties the maximum rent should be the rent on both properties added together.  The tenant’s excess income is less than the maximum rent so therefore there should be some entitlement.

The Local Authority says that a tenant can only get HB on two properties if they already have a claim for HB at their old property or will have entitlement at their new property - but couldn’t give me any references for this approach.

Has anyone else come across this situation before, or can point me the direction of any regs or caselaw, I’d be grateful.

Reg 7 is the relevant provision, along with the primary legislation (S130 Social Security Contributions and Benefits Act 1992)

S130(1) provides

130.—(1) A person is entitled to housing benefit if–
(a) he is liable to make payments in respect of a dwelling in Great Britain which he occupies as his home;
(b) there is an appropriate maximum housing benefit in his case; and
(c) either–
(i) he has no income or his income does not exceed the applicableamount; or
(ii) his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which subsection (3)(b) below provides is made.

Reg 7(6) provides

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only–

(d) in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks from the date on which he moved if he could not reasonably haveavoided liability in respect of two dwellings;

Paragraph 4 of Reg 7 deals with the situation where a person had to move on account of essential repairs being carried out on his home.  There is therefore nothing in Reg 7, or the primary legislation which requires that for there to be entitlement under Reg 7(6)(d), there must also have been some entitlement either before the move, or after the 4 week period.

This is however the one instance I can see where there must be a claim for benefit on 2 homes, because entitlement would otherwise depend on supersession of an existing award