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HB & UC for EEA national
clutching at straws (as usual)
I have an EEA national who has failed HRT for UC. In my view she does have the right to reside, and we are looking at challenging this decision. She has had a MRecon but decision not revised. She is still in receipt of ESA IR and this has never ended (even when she made her claim for UC, and they issued two months payments to her). She tells me that she had a phone call from ?? and she was asked if she wanted to stay on ESA (she does);
At the last HB info conference, Peter Barker did a talk which referred to regulation 8 of UC (TP) regs 2014. This seems to say that if a claimant doesnt meet the basic conditions, HB does not need to end (as they are not a UC claimant) the inference was that if HB has been ended, then the decision can be revised and the claim reinstated.
In my case, the claimant didn’t have any housing benefit as it is a new tenancy and this is the change that triggered the switch to UC.
The preference for ESA/HB is borne out of speed really as it will take months to get UC to appeal. However, though reg 8, seems to help those who already receive HB, is there anything in regulation 6 (exclusion of claims…) that might help? pretty sure the answer will be no but I dont want to miss anything - thank you
There are up to two reasons why HB is not available in this case. The first is TP Reg 6 as you suggest because if she appeals the UC decision she is a “UC claimant”. The second is Article 7 of the No 23 Commencement Order which prevents claims for HB generally in full service areas even if the person is not already a UC claimant.
I am Peter Barker by the way!
[ Edited: 28 Aug 2018 at 03:40 pm by HB Anorak ]There are up to two reasons why HB is not available in this case. The first is TP Reg 6 as you suggest because if she appeals the UC decision she is a “UC claimant”. The second is Article 7 of the No 23 Commencement Order which prevents claims for HB generally in full service areas even if the person is not already a UC claimant.
I am Peter Barker by the way!
Thank you Peter. I always wondered who HB anorak was - nice to put a face to the name.
Thank you for the confirmation
Hi,
just following on from this - I have a similar case, tenant was on JSA and HB, thought she was starting a job didn’t work out had to claim UC failed the HRT, HB is suspended at present. she has now found a job and i will be assisting her to do a new claim for UC as a worker but this leaves around 2 months where she hasn’t had benefit paid. So from reading the above posts should she continue to get her HB till her UC HCs kick in?
thanks
that’s how I understand it. HB ends if UC is claimed by a person who satisfies the basic entitlement conditions. She has not done this as she has failed HRT. Therefore HB does not need to end. I believe that if her new claim is accepted, this will then end HB, but our LA would pay up to the date on the stop notice in circumstances such as this. Im sure someone far more knowledgeable than me may add to this shortly