Housing Benefit

Guide to Entitlement Prior to Moving In

Normally a person is only treated as occupying a property as a home from the date they move in. However in certain circumstances a claimant can be treated as occupying the property before they actually move in.

In these cases Housing Benefit can be awarded retrospectively for up to 4 weeks.

Council Tax Benefit is not affected as liability to pay Council Tax will not begin until the property is occupied.

Would I Qualify?

The initial tests are;

• You must have moved in
• Your liability to make payments of rent began before you moved in
• Housing Benefit was claimed prior to moving in.

Your reasons for not moving in must be as a result of;

• You were in hospital or a care home and the delay in moving in was reasonable
• Adaptations taking place to the property for the needs of a disabled person, i.e. yourself, your partner or member of your family
• Awaiting the outcome of a Social Fund Application (including Crisis Loan and Community Care Grants) for items related to the move, and
• A member of your family is aged less than 6 or 
• You satisfy the conditions for one of the aged-related or disability-related premiums.

How do I Apply?

Applications should be made in writing giving as much information relating to your circumstances as possible.

Social Fund Loans

If your delay in moving was related to a Social Fund Loan application, you will also need to provide evidence of the date you made the application for the loan, together with the dates the decision was received.

Adaptations to the Property

If your delay in moving was related to adaptation to the property for the needs of a disabled person, you will need to provide evidence of the adaptations that have been carried out.

In-Patients

If your delay in moving was related to hospitalisation, you will need to provide evidence of your admission and discharge dates.

How to Appeal

If you disagree with a decision you can:

• Ask us to explain the decision
• Ask us to revise (change) the decision
• Appeal against the decision

If you wish to appeal against a decision we have made, you must do so in writing within one calendar month of the date we notified you of the decision. You must also state why you think the decision is wrong.

Whenever you ask us to explain our decision, or to revise it, we will check all parts of your claim and advise you of how we came to the decision. In doing so, if we find anything wrong with the decision we made, we will write to you with the decision and your rights of appeal will start again.

If we do not change the decision in your favour, we will send the case to the Appeal Service which is an independent body who will look at each individual appeal in an impartial manner.

More Information and Advice

If you require any further information please contact:

Finance Department
Erewash Borough Council
PO Box 2
Wharncliffe Road
Ilkeston
Derbyshire
DE7 5SE
telephone: (0115) 9071010
E-mail: benefits@erewash.gov.uk or call into one of the Finance Customer Services offices at either:
Town Hall, Ilkeston or Civic Centre, Long Eaton