Client has a leasehold over 21 years. She applies for HB, and is refused. On my advice, we applied to Pension Credit for housing costs. Only after repeated calls, complaints and sending them extracts from CPAG to show they should pay this, did they finall agree to do so. It is backdated to when I first contacted PC. Is there any grounds for claiming the HB claim could count as a claim for PC Housing Costs?

Sorry don't know the definitive answer to your question but I'd take a good guess at not. It isn't a benefit which can be interchanged.

Was she wrongly advised by PS or LA to claim HB?

Maybe try the LA complaints procedure if you consider they were negligent in not pointing client in right direction when they refused HB.

I'm curious as to why you struggled to get PC housing costs if there was entitlement when it really should have kicked in after the waiting period

It's a long lease not a mortgage.

I presume we are talking about ground rent and/or service charges?

Mind you, even if it was a mortgage there is no waiting period for perople of state pension credit age.

I'm assuming that it's a tenancy over 21years in term. In which case, like Crown Tenants, the rent support falls to IS, PC etc. rather than the LA.

Which of us are correct?

Thanks for your comments. Yes, it is a Tenancy over 21 years, which does come under Housing Costs. PC have finally stumped up backdated to when I initially asked, and seem to be taking a complaint I made to them seriously. If any of the initial PC applications mentioned Housing Costs they might backdate. My main gripe is with the North Shropshire District Council (who no longer exist as Shropshire has gone Unitary) for just dismissing the claim for HB without advising PC Housing Costs. They did say that if the Tenancy was less than 11(?) years HB might be payable. So the Client had the Tenancyshanged. The LA then refused on the grounds of Contrived Tenancy! the Lease then had to be changed back again. Yes, I think I should complain to the LA, but that would make three in a month.