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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Revising decision to end HB following successful ESA appeal or recon

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Joined: 12 March 2013

This is a messy one.  I have heard of a few cases like this now. I am not sure there is a definitive correct answer, but maybe I have missed something.

Claimant is on ESA(ir) and HB in a full service area.  ESA is stopped in Jan 2017 following failed WCA.  Claimant submits MR and is advised by DWP to claim UC in the meantime.  He claims UC as advised.

Council ends HB from day of UC claim, which is absolutely correct: Reg 8(2) of Transitional Provisions Regs.

About three weeks later the UC claim is rejected: claimant fails R2R test as presumably the UC decision maker has taken a harsher view of this than the ESA decision maker did.  At this stage the ESA MR is still pending.

A few weeks later the claimant tries his luck again and makes a fresh UC claim on 15 March.  At this stage there is no current HB award in place.

Before the second UC claim is decided, the ESA MR is successful and ESA is put back into payment in April from the date it originally ended.  So what happens next?

My first thought was:  ESA should only run up to the date of the first UC claim because the act of claiming UC causes ESA(ir) to be abolished under Article 4 of whatever commencement order applies in the claimant’s area (normally the No 24 Order, sometimes the No 9 Order).  The claimant’s only hope of getting any benefit for living or housing costs from the date of the first UC claim is to dispute the refusal of UC or, failing that, to be awarded UC on the second claim from the later date.  It isn’t possible for him to make new ESA(ir) or HB claims in full service.

But it appears DWP has not in fact halted the ESA at the date of UC claim #1.  They have restored ESA in full and reverted to status quo ante, as if he had never claimed UC in the first place.

Now, can the Council revise their decision ending HB from the date of UC Claim #1?  And if they do, won’t they have to make a further decision ending HB from the date of UC Claim #2?  But can they then revise that one as well?  There is nothing wrong with the decision ending HB from UC Claim #1 so on the face of it there is no reason to revise it.  But through no fault of his own the claimant is in a position where he currently has no help with housing costs.  The only way he can make a new claim for housing costs is to claim UC now, or have the second UC claim decided in his favour, or have the decision on the first UC claim revised in his favour.  But I don’t think DWP is interested in taking any further action on the two UC claims: as far as they are concerned he’s back on ESA.

What do you reckon the Council does now?