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HB decision and eviction

AngelaM
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Staying First, Shepherds Bush Housing Group

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Hi

I’m just wondering whether there is anything extra I can do in this case.

My client is an EEA national (from Belgium). She has been in the country for years. She applied for and was awarded JSA after an initial rejection (it was possibly rejected due to GPOW but overturned she thinks because they accepted she had a permanent right to reside but she doesn’t have any paperwork from them to this effect).

She also applied for HB. However this was rejected because she was ‘a person from abroad’. She put in a Mandatory Recon and the decision remained the same. She then came to see me. We submitted a tribunal appeal (still waiting for a date) but I thought I would write to HB again with some extra information to see if they would change their mind without the need of a tribunal.

I put together a submission with proof that she had been residing in the UK for 5 years in accordance with the EEA treaty. Some of this was as a job seeker (post 1/4/06 when the treaty came into force), some periods was as a worker and other periods was as a self sufficient student. I enclosed the relevant regulations.

HB wrote back and said in order to have the right to reside “you will have had to be working continuously in the United Kingdom for five years without having to have claimed Jobseeker’s Allowance during the five year period. As you have not shown that you have been working continuously without claiming JSA in the last five years meant, you are a Jobseeker as you are in receipt of Jobseekers’ Allowance currently”.

I’m not sure where this has come from, as jobseeking can count towards the five years. The problem is, as the client was only on JSA and couldn’t afford her rent, she got into rent arrears and the landlord has been granted a possession order.

We are already appealing to a tribunal (even if she is evicted being granted HB will clear her debt) but I was wondering what else to do. I was going to submit a complaint to the council, as I feel that the quality of this decision was quite worrying. There maybe other residents out there that may accept these kinds of decisions without appealing. Even if my client wins her appeal I think they would just award the benefit without actually looking into what went wrong. I know in certain situations you can get compensation from the DWP but does this apply to LA’s?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Sounds like the HB department don’t know their **** from their elbow, if I’m being polite (which is rarely). If your client is a tenant of a social landlord, they should follow the Pre-Action Protocol for Possession Claims by Social Landlords which stipulates amongst other things that (my emphasis):

2.1 The landlord should contact the tenant as soon as reasonably possible if the tenant falls into arrears to discuss the cause of the arrears, the tenant’s financial circumstances, the tenant’s entitlement to benefits and repayment of the arrears.

2.5 The landlord should offer to assist the tenant in any claim the tenant may have for housing benefit, discretionary housing benefit or universal credit (housing element).

2.6 Possession proceedings for rent arrears should not be started against a tenant who can demonstrate that –

(a) the local authority or Department for Work and Pensions have been provided with all the evidence required to process a housing benefit or universal credit (housing element) claim;

(b) a reasonable expectation of eligibility for housing benefit or universal credit (housing element); and

(c) paid other sums due not covered by housing benefit or universal credit (housing element).

The landlord should make every effort to establish effective ongoing liaison with housing benefit departments and DWP and, with the tenant’s consent, make direct contact with the relevant housing benefit department or DWP office before taking enforcement action.

The landlord and tenant should work together to resolve any housing benefit or universal credit (housing element) problems.

Given your client has already established a claim for JSA on the basis of a PRR, it is strongly arguable that the HB department decision is wrong, especially when they’re quoting garbage about needing to have worked for 5 years to establish that status - you could, for example, point them in the direction of the government’s own website Prove your right to live in the UK as an EU citizen 3. Permanent residence after 5 years which clearly states:

You automatically have permanent residence status (sometimes called the ‘permanent right to reside’) if you’ve lived in the UK for 5 years as a ‘qualified person’.

You’re usually a qualified person if you’re a citizen of a European Economic Area (EEA) country or Switzerland and you’re one of the following:

* working
* studying
* self-employed
* self-sufficient
* looking for work

Rehousing Advice.
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Homeless Unit - Southampton City Council

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Your client really now needs independent Housing advice. You can contact NHAS.  http://www.nhas.org.uk/

 

AngelaM
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Staying First, Shepherds Bush Housing Group

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Thank you both, I shall follow through on your suggestions.

She was a tenant of a RSL and they did refer her to me for assistance. However, I told the income officer that I was assisting with the HB appeal but they went ahead with the eviction anyway and apparently told the court that my client didn’t engage with me!

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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AngelaM - 14 December 2016 09:58 AM

Thank you both, I shall follow through on your suggestions.

She was a tenant of a RSL and they did refer her to me for assistance. However, I told the income officer that I was assisting with the HB appeal but they went ahead with the eviction anyway and apparently told the court that my client didn’t engage with me!

Given that she patently hasn’t failed to engage, that might be good grounds for the possession order not to be granted but you really would need to get some housing advice from someone who knows what they’re talking about so Martin’s suggestion is a good one.

eta: sorry, just reread your post and seen the order has already been granted. sorry.

ClairemHodgson
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Paul_Treloar_AgeUK - 14 December 2016 10:00 AM
AngelaM - 14 December 2016 09:58 AM

Thank you both, I shall follow through on your suggestions.

She was a tenant of a RSL and they did refer her to me for assistance. However, I told the income officer that I was assisting with the HB appeal but they went ahead with the eviction anyway and apparently told the court that my client didn’t engage with me!

Given that she patently hasn’t failed to engage, that might be good grounds for the possession order not to be granted but you really would need to get some housing advice from someone who knows what they’re talking about so Martin’s suggestion is a good one.

eta: sorry, just reread your post and seen the order has already been granted. sorry.

any chance of it being overturned? since it’s clear that the landlord didn’t tell the court the truth (about your client’s engagement with you etc) ......again, housing advice required, of course, but this doesn’t sit right with me.  anyone applying for anything has to tell the truth, especially if the other party isn’t there (which from what you say appears to be the case, since otherwise she would have been able to tell the court the actual position, not the wrong position, and might well then only have got a deferred order on terms ..... )

Elliot Kent
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As above, liase with a housing adviser. Its likely that your client is still some way from eviction if they have proper advice and a housing adviser will be able to explain the numerous ways in which different kinds of orders can be set aside and varied and how even the making of an order does not necessarily mean that eviction is inevitable. Your client most likely qualifies for legal aid re their housing problem so encourage them to take advantage of that.

From a benefits perspective, consider potentially complaining to the council about the patently ridiculous decision, making a new claim, getting a permanent residence card (then reclaiming) and/or asking the tribunal for an expedited hearing due to the risk to the appellant’s home.