This only works if both homes are situated in the same LA ( a fresh claim is not needed in respect of the second home where they are in the same LA)
If the second home is in a different LA, (and the first LA is not responsible for determiing entitlement), a second claim will be required
The was considered in detail by Judge Rowland in MB v Selby District Council (HB) [2011] UKUT 5 (AAC) Judge Rowland held at [30]
In my judgment, it is therefore section 130 that falls to be interpreted in this case and it is possible to construe it so that, where a person is treated as occupying two dwellings as his home and is required to make two claims for housing benefit because different local authorities are responsible for funding and administering housing benefit in respect of the two dwellings, his income is to be taken into account only once (although if part of the income is sufficient to extinguish entitlement on one claim, the balance may be taken into account on the other). That is how it should be construed, so as to give effect to the obvious intention of the draftsman.
The practical outcome though is the same as simply aggregating the rents
[ Edited: 22 Jul 2022 at 05:36 pm by Stainsby ]
