UCFS Backdating

I’ve looked in the books but can’t find anything conclusive and while I’m on hold to JCP I thought I might as well ask here…

Is there anything preventing a backdated claim for UCFS Housing costs while a person was in receipt of legacy benefits?

I’ve a client on ESA who succeeded to their tenancy and we went full service in the interregnum while Housing were dealing with the succession.

sure I read something earlier today about this, which said legacy benefit will be treated as unearned income where claims overlap (not sure about backdating as all I have read is backdating for one month in prescribed circumstances, but I know that claims have been backdated further back than this)

edited - that might have related to single person - couple claims tho

This is the guidance CPAG provides on receiving legacy benefits during a UC claim:

Communicaton problems between the DWP and the office paying your legacy benefits can result in you incorrectly getting legacy payments after you become entitled to UC. These payments (other than tax credits or joint claim JSA) count as ‘unearned income’ for UC and are deducted from your UC award for the assessment period in which they are paid. Note that they are not treated as overpayments of the legacy benefits, so you cannot challenge their recovery on the grounds of ‘official error’. If they are not deducted from your UC award (e.g. because they are not identified until after the UC assessment period in which they are paid), they can only be recovered under the rules which apply to legacy benefits. If you were overpaid tax credits, this can be recovered from your UC award.

You cant have a backdate of just the ‘housing costs’ though can you?  You can only apply for the whole claim to be backdated, and the period is limited to one month, and the grounds are very limited.

If you did have grounds and were successful in getting the UC claim backdated, then the legacy benefits that were paid for that period would count as income in the assessment of UC. 

This issue of tenancy succession is a problem.  The best process from a UC point of view, is that the housing officers need to issue to the surviving occupier some form of license giving ‘permission to occupy’ as soon as possible after the death of the tenant, and while they are going through their process of making a decision about succession.  This will enable the occupier to claim UC housing costs. 

In cases where they do not issue any form of agreement until after succession decision made, the now tenant has no grounds for backdating of UC, and in a full service area has no option to claim HB.  So will end up with rent arrears for the period between the start of the tenancy (if that has been backdated) and the start of the UC housing costs entitlement.

Edited the above so it actually makes some sense.  Sorry for my typos.

SarahJBatty - 27 February 2018 09:22 AM

Edited the above so it actually makes some sense.  Sorry for my typos.

You probably should be sanctioned for that Sarah - https://www.rightsnet.org.uk/forums/viewthread/12508/

Yup ... but ‘good cause’ .... oh hang on