Backdate for HB prior to UC

My client signed JT with his mother in August 18 and LA didn’t send out invite to claim HB for his 50% although they awarded mother her 50%. They have both mother change of circs and copy of signed tenancy agreement which shows sons JT

son gave up JT and at this point it was noticed no HB had been claimed or awarded.

We submitted a backdated HB claim siting LA’s failure to invite claim as tenant was and still in in receipt of Legacy benefit.

HB refused stating as now UC area he would need to apply for UC.

He cannot instigate a new HB claim after UC full service started, although he can follow up any defective claim or intention to claim that was initiated before that date.  If there really is nothing at all that passes muster as a claim or intention to claim, it will be too late now.  What they can do instead is reapportion the rent 100:0 in favour of the mother.  She might just about be still within the maximum extended time limit to make an out-of-time application for revision of her HB.  Arguably there was an official error by way of a failure to ask pertinent questions about the apportionment of the rent, in which case revision at any time is possible - but best to get an application in now before it gets to 13 months since the decision was made.