Occupation and Liability

This course is suitable for experienced assessors

Duration: 1 day

This course is designed to provide delegates with a comprehensive understanding of the Regulations surrounding ‘Occupation of the home and Liability’ (i.e. Regulations 7, 8 and 9). It will provide delegates with the knowledge and skills to effectively deal with HB/CTB claims where the assessor needs to make a decision about the claimant’s rent liability or their occupation of the home. The course is supported by group discussion, practical exercises and a desk aid.

Learning outcome

By the end of the course entrants will have a clearer understanding of this often complex area and will have been introduced to some relevant case law that will help them to make judgements based on the balance of probabilities.

Regulation 7

  • Temporary Accommodation
  • HB on Two Homes
  • Partner is a student
  • Large family
  • Fear of violence
  • Adapting home for disability
  • Dual liability is unavoidable
  • Entitlement prior to moving in
  • Period of Notice
  • Temporary absence from home

Regulation 8

  • Who is treated as liable to make payments on a dwelling?

Regulation 9

  • Situations where a person is treated as not liable to pay and therefore no HB is payable. 
  • Who is a close relative?
  • Non-commercial arrangements
  • Gathering all the facts and information and applying the ‘Balance of Probability’ Test.
  • The terms ‘dominant purpose’, ‘at arms length’ and ‘bowing to reality’
  • Contrived Tenancies
  • Weighing up the evidence
  • ‘Means, circumstances and intentions’
  • The term ‘dominant purpose’