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HB or HCE

roecab
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Welfare benefits supervisor - Roehampton CAB

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Total Posts: 473

Joined: 17 June 2010

Hi All

Client has been placed as homeless byLA 1 into TA in LA 2, and LA 1 has assumed responsibility for paying HB although out of borough. 

LA1 have now offered client permanent accommodation back in LA 1 and say that as changing area that is a claim to HCE even though they have been paying the HB

Client is in receipt of UC as well.

I am sure that I read something that suggested that if same LA administers the claim that regardless of the move they still ‘own’ the claim? I might be completely wrong but wanted to check.

Can anyone confirm either way?

Thanks in advance.

Elliot Kent
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Shelter

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As your client is on UC and is no longer in temporary accommodation, their housing costs would be met by the UC HCE.

The issues around “which LA should pay” aren’t relevant because they cannot be paid HB at all once they no longer fall within the temp/supported housing carve out from UC.

roecab
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Welfare benefits supervisor - Roehampton CAB

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Sorry she is actually in receipt of IRESA, not sure that will make a difference, I had misread it - says cl does not wish to claim UC not that she gets it and HB

Prisca
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benefits section (training & accuracy) Bristol city council

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if she isn’ t currently receiving UC and never has done, then its just a change in circs - as LA 1 have paid her HB throughout, presumably and her new address is also in LA1 - so no new claim involved.

If she was being offered perm accommodation in LA2, then she would need to claim UC as she cant make a new claim to LA2 . If LA1 have been paying her HB, and her new , perm address is in LA1, then HB can continue ( until she gets a migration notice /claims UC for some other reason)

roecab
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Welfare benefits supervisor - Roehampton CAB

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Total Posts: 473

Joined: 17 June 2010

Brilliant, thank you both!