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Forum Home  →  Discussion  →  Housing costs  →  Thread

Backdating Housing benefit and Universal Credit Housing Costs

achieveforchildren
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Achieving for Children

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Total Posts: 6

Joined: 28 January 2015

Need help. Working with vulnerable 17 year old who is living in temporary accommodation having been assessed as meeting criteria for local authority to accept as homeless. Placed in one temporary housing on 15/03/18 and social worker applied for Universal credit with housing costs on 23/03/18. Asked for backdate for UC from 15/03/18 as we needed housing costs covered but this was eventually turned down in July as they did not pick up the backdated request we asked for. The usual reasons turned down as did not meet criteria despite young person having to move out of area as a victim of an assault so could not possibly apply during that time. The young person again moved on 18/04/18 and young person advised to notify on UC journal change of address. This was done on 01/05/18. At the time, we as professionals were not aware of the change in who pays for housing costs in temporary accommodation. The change in address on the UC account was done in the wrong place. UC were underpaying housing costs by £300 each month and with permission I was leaving notes on the UC journal for the case manager to pick up as needed the housing costs to be increased correctly. Eventually, managed to speak to them in JUly 2018 and he guided me to change the address in the correct place on the journal. When I tried to do this, it tells me to make a claim for housing benefit. He advised to apply for housing benefit (on checking we realise that from 14/04/18 of the change in rules for applying for housing costs and the young person moved on the 18/04 so a change in circumstances). He also said that he could not backdate the housing costs and he will ask for payments of housing costs to be paid back from 18/04/18. We applied for housing benefit and asked for backdate (aware that can only apply for one month) but asked for periods from 15/03/18-22/03/18 and from 18/04/18 till date of HB claim on 30/07/18 and provided all UC journal entries. However, HB have turned down for backdated claim as we could not provide good cause, and not knowing as not good enough. I will appeal the decision and show good cause but the young person is now with huge rent arrears of over £2000. Is there anyone that can give advice on this- can HB go further back than the one month backdate so we can claw the money back for housing costs or do we ask UC to pay the housing costs up until 30/07/18 even though of the change in who pays temporary housing costs from 14/04/18. Any suggestions appreciated as we are stuck on this one and this is not the young person fault. They are 17 years old and vulnerable. Thank you

TP45
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Housing Benefit & Hostel Income Advisor - The Salvation Army, London

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Total Posts: 29

Joined: 15 August 2017

I would encourage the housing benefit department to consider the new HB claim under reg 76(3):

(3) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where–
(a) he is otherwise entitled to housing benefit;
(b) paragraph (2) does not apply to him; and
(c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (4) which he occupies as his home.

(4) The accommodation referred to in paragraph (3)(c) is–
(a) a hostel;
(b) board and lodging accommodation where the payments are to an authority under section 206(2) of the Housing Act 1996(a) or section 35(2)(b) of the Housing (Scotland) Act 1987(b);
(c) accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or
(d) accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.

This is saying there is no time limit to make a new claim for hostels or temporary accommodation.  Entitlement can start from the date the claimant first occupied the address on 18/04/18, irrespective of when the application was submitted.  You may need to support your client in submitting a reconsideration request, though it should be revised as official error if you can convince the HB department to look at the case again yourself.