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Rent Issues: Moving In - Date HB Starts
There are different rules depending on whether it is a new claim (remember: only certain people can make a new claim for HB), or whether they are just reporting a change in their circumstances.
 
New claims
 
Where a claimant is making a new claim for HB then as long as all the following occur in the same benefit week^:
 
  • their liability for rent begins, and
  • they move in, and
  • they submit their claim, and
  • they provide all the information requested in the correct time scales.
then their HB award will start on the day their liability starts, or the day the move in if that is later in the week ([2014] UKUT 411 (AAC)).
OR
If  the claimant or their partner is getting: Income-Related ESA, Income Support, Income-Based JSA, Guarantee Pension Credit, or Universal Credit (ie when moving to 'specified' or 'temporary' accommodation) and:
  • they moves in during the first benefit week^, and
  • they make a HB claim within one month of their tenancy starting, and
  • they provide all the information requested in the correct time scales, and
  • they inform the DWP / Jobcentre Plus / Pension Service of their date of move.
then their HB award will start on the day their liability starts, or the day the move in if that is later in the week ([2014] UKUT 411 (AAC)).
 
^ A benefit week runs from a Monday to Sunday.
 
 
Moves treated as a change in circumstances - ie moves within LA and no gap.
 
Where the claimant is already getting HB and moves within the LA area, and there is no break in their HB entitlement, they do not need to make a new claim for HB but can report a change in their circumstances.
This will mean the move is NOT a 'trigger' of itself for a claim for UC.

They will only get the new rate of HB from their tenancy start date where:
 
  • they move in on the tenancy start date, and
  • they report the change in circumstances within a calendar month, and
  • they tenant provides all the information requested and within the set time limits, and
  • if on Income-Related ESA, Income Support, Income-Based JSA, Guarantee Pension Credit, or Universal Credit (ie when moving to 'specified' or 'temporary' accommodation) informs the DWP / Jobcentre Plus / Pension Service that their date of move is the same date as the tenancy start date.
 
 
 
Moving  In


The date someone moves into a property is the date they start living their as their home - rather than the date their tenancy started. 

This is usually straightforward, but where a claimant intends to move in and has all their furniture etc moved in - but then are unable to move in due to circumstances outside of their control - the HB Office will normally decide that the date they do finally move in is the date they started living in the property. But they can try to argue that the date they had planned to move in should be the date the HB use, as this is the date the property became their normal home (R(H) 9/05).
Standard letter TSE13.

 
What if they don't move in on the tenancy start date?
 
When a claimant is moving home then they will find that the HB on their new home will only be awarded from the day thet actually move in (or are treated as moving in). 
Where the claimant does not move in on their tenancy start date, but does move in within the first benefit week^, caselaw (CSH/969/2013) has confirmed that the amount of HB paid for the first benefit week depends on the date the claimant moved in - ie entitlement will start on the day the claimant moved in. So if liability began on the Monday, but they did not move in until the Friday, they would only be entitled to 3 days' worth of HB and have to make up the shortfall themselves. 
Reg 76 para 2 of the working age HB Regs 2006 and HB Reg 80(3)(a).
 
For instance, where a tenancy starts on a Monday, but the claimant does not move in until the Wednesday of that week, their HB entitlement for that week will be based on 5/7th of the weekly eligible rent.
 
Use Standard Letter TSE4 if the HB Office is not paying from the first benefit week of tenancy in such cases.

What if they don't move in within the first benefit week?
 
 If the move is outside this first benefit week^, HB will only be payable from the Monday after they move in - which could mean a loss of at least 2 week's HB. For instance, where a tenancy starts on a Monday, but the tenant does not move in until 9 days later ie the Tuesday of the second week, their HB entitlement will start on the Monday after that, ie the Monday of the third week.
 
There are exceptions to this ie where HB can be paid for a period prior to moving in - click here.

^ A benefit week runs from a Monday to Sunday.


HB not awarded from start of tenancy 
 
What can you do?
If the claimant has not been awarded HB from their tenancy start date, you will need to find out why and then see if they fall within one of the exceptions outlined above.
 
If the HB Office are refusing to pay from the first week of tenancy even though the claim has been made (or can be treated as made) in the first benefit week^ and the claimant has moved (or can be treated as moved in) in the first benefit week^, please give them this Standard Letter TSE4 which can be used for either new claims or changes of address (just delete the appropriate sentence).

^ A benefit week runs from a Monday to Sunday.
 





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