UC Housing Costs

Cl is an adult and lives in an HA property with two teenage siblings. The tenant was their mother but she has passed away leaving rent arrears. The HA will not transfer the tenancy unless/until the rent arrears are paid off.

Cl continues to pay rent under ‘use and occupation/ mesne profits’ but has been refused any UC Housing Costs.

Para 2.345 of the 20/21 Sweet and Maxwell UC volume says that mesne profits dont count for UC (but did for HB) Unfortunately it isn’t very clear where that is set out in law.  Reg 2b of Sch1 UC regs just says ‘payments for a licence or other permission to occupy accommodation’ which ,at first sight, seems broad enough to cover mesne profits. The only thing I can see is that mesne profits are in some way seen as the HA discharging a duty on the Council under Case 2 in Reg 3B – in which case the cl could get HB?

Any thoughts gratefully received
http://dlvr.it/SBxNZT

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