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same income counted one month for HB and the following month for UC
Hi, I have a client who took 3 weeks work in January ending on 22.1.16. She had been on JSA and HB prior to the job but those claims ended due to the work, although I think the HB claim may have just been suspended.
when she tried to reclaim JSA she was bumped in to making an online UC claim on 25.1.16. She was paid for the work in that assessment period in feb some time and so UC took that income in to account and awarded her a 1 pence award for her first month.
She had terrible trouble getting a mandatory reconsideration with a couple of UC staff saying she couldn’t request one at all and then a refusal to accept any written evidence but following a telephone request and call back to turn her down, they confirmed the MR refusal in writing. I just mention this to let people know this is obviously a bit of a problem.
I spoke to our local discretionary team here who think they can’t consider an award for a dhp for the period when she was working and so not entitled to housing benefit but might be able to consider an award in her first UC assessment period because of her entitlement to 1p.
She couldn’t get HB run on - less than 26 weeks on JSA and only a 3 week work offer.
I’m wondering now whether she could have claimed UC as soon as she started work, could we request backdating of UC?
Does anyone have experience of the DP regs in this situation or just experience of it happening anywhere else
The refusal by DWP staff to carry out a mandatory reconsideration is more than ‘a bit of a problem’! According to a workshop I attended at the last NAWRA conference in Belper, Derbyshire, it is commonplace in the east Midlands for the DWP to refuse to act on MR requests. This is of course illegal. Derbyshire Welfare Rights Service say they continually have to make formal complaints to get MRs carried out.
It seems people who want to claim JSA, including the contributory type, now can only do so by telephone if they live in a universal credit area. The online claim facility makes no consideration of whether the claimant should be getting a contributory benefit instead of UC.
I think Carol’s right that there are a lot of ongoing problems with MR - NAWRA did a response to the SSAC inquiry with evidence gathered from members - makes interesting reading.
Clara - the rules for backdating are very strict - see reg 26 of the UC Claims and Payments regs and I don’t think from what you say she would qualify. No good to you for this claimant but it can be worth sometimes delaying a claim for UC so that the first assessment period doesn’t start until after wages owed have been paid - but it depends on how much the wages are and how long the delay would be.
HI thanks for that, it looks like we are relying on the chance of a discretionary payment, they think they can’t award for the first month when there was no housing benefit award at all but for the second month where there was a UC award of Ip they think they can consider it up to the housing costs element.
I didn’t intend to minimise the problem of refusal of MRs , of course it is unlawful and I will follow that up, I thought it might be happening to more people.
Th e HB claim shouldn’t have been closed simply due to her starting work. Might be worth going back to check whether a decision notice for HB claim was issued and look to challenge if they did make a decision without asking for details of her employment to reassess on-going entitlement?
Standing back a bit though, what a complete shambles of a system and this is supposed to encourage people to be more enthusiastic about working exactly how? No wonder IDS was sobbing, he’s broken the social security system in this country….
Th e HB claim shouldn’t have been closed simply due to her starting work. Might be worth going back to check whether a decision notice for HB claim was issued and look to challenge if they did make a decision without asking for details of her employment to reassess on-going entitlement?
Standing back a bit though, what a complete shambles of a system and this is supposed to encourage people to be more enthusiastic about working exactly how? No wonder IDS was sobbing, he’s broken the social security system in this country….
If the client informed HB that is going to start work; HB are supposed to pay full HB for the first month of employment and after that HB cancels the payment. Therefore, since that your client worked only 3 weeks the HB payments should continue without a gap until the UC claim starts.
by FindLaw UK
When you return to work after being on benefit, some of your benefits will carry on for a short while. Find out more, including the benefits and support you may be able to get once you’re working.
Help with housing costs
If you were getting help with your housing costs while you were out of work, you may carry on getting this. This is if you have claimed income-based Jobseeker’s Allowance, income-related Employment and Support Allowance or Income Support for at least 26 weeks continuously before starting work. You may then continue to get the following benefits for up to four weeks:
•Extended Payment of Housing Benefit
•Extended Payment of Council Tax Benefit
•Mortgage Interest Run On
•Extended Payment of Housing Benefit
•Extended Payment of Council Tax Benefit
•Mortgage Interest Run On
If you’re on a low wage and your housing costs are below a certain level, you may continue to get Housing Benefit and Council Tax Benefit after this time.
•Housing Benefit
•Council Tax Benefit
She can’t get HB run-on Flroinda as io/p said hasn’t been in receipt of benefit for long enough. However, it is the case that JSA stopping due to starting work isn’t grounds for also stopping a HB claim that is in payment - the authority should check the client’s new circumstances and reassess her HB claim accordingly.