Passported HB claim from 26-Jul-16 (but IRESA claim initially disallowed and HB only being paid from 7-Nov-16)

Sorry to post again in such quick succession but I am getting myself in a right mess (again!) -

Client applied for HB via the DWP through combined claim process on 26-Jul-16
IRESA refused on 18-Aug-16 (right to reside)
Late revision request on 26-Oct-16 (arguing perm residence)
HB claim made via LA authority on 1-Nov-16 (subsequently awarded HB from 7-Nov-16)
DWP revised and allowed the decision on 1-Nov-16 (accepted perm res)

As he made a passported claim for Housing Benefit (and ESA claim subsequently allowed from that date), when should it be paid from? As I see it, this isn’t a request for backdating as he made a claim at the time (although I am not clear on the process as to whether DWP should forward claim to LA immediately, or they wait until a decision on award).

I hope this makes sense but I doubt it does.

Your advice would be much appreciated.

Thanks
 

Anyone who is claiming ESA (irrespective of whether ESA is awarded, or whether the award is conts based or income based) should be offered the chance to claim HB at the same time in the same telephone interview: HB Reg 83(4AA)

(4AA) If the Secretary of State agrees, where–
(a) a person makes a claim for a benefit referred to in paragraph (4)(a); and
(b) the Secretary of State has made provision in the Social Security (claims and Payments) Regulations 1987) for that benefit to be claimed by telephone,
that person may claim housing benefit by telephone to the telephone number specified by the Secretary of State.

The Secretary of State has made such provision in Reg 4G of the Claims and Payments Regs.  Some Councils don’t understand this - they think that the ESA claim has to result in an award of ESA(ir), or they think that the claim to DWP only counts as an intention to claim HB and not an actual claim.  But in fact the ESA telephone interview is the HB claim: nothing else is required of the claimant except perhaps some supplementary evidence.  DWP should send an input document to the Council (known as a “LACI” in the case of ESA).  But the procedure is not fool proof and for one reason or another the LACI does not always materialise.  So what you need to do here is try to persuade the Council to accept on balance of probability that a claim for HB was made by telephone to DWP.  Get the client to describe how the interview went and especially how they answered any questions relating to HB.

Great - thank you!  The client had kept a copy of his claimant statement which clearly records his answers re HB so fingers crossed it’ll be plain sailing from here…

it worked - thank you