single clmt, was getting SDP in HB, managed to claim UC - Is there any way backl??

Single working age customer on HB based on PIP standard rates for both and an occ pension of £477 pcm
She was below her app amount.
We received HB Stop on 3.10.2019 stateing UC claimed 29.8.2019 - 2 week run on paid but we didnt send a MGP1. (specialist team sais MGP1 should be sent if SDP in payment in HB when a HBStop received)
She is getting Housing costs as part of her UC but no LCW element -
Ive spoken to the SDP specialist team in UC who agree ashe shouldn’t have been able to claim, but as no DWP benefits in payment, thy wouldn’t be aware of SDP in HB.
The specialist team advised that customer should claim ESA asap ?
my questions are:
Is there any way back to legacy benefits now?
If we send the MGP1, what effect might that have that have?  She isnt in supported accommodation. So we cant re-instate HB unless UC “disappears” - as its over a month since she last got HB with a SDP we’d need to revise the termination decision..
if she applied for ESA now, what are the chances of that being accepted? Baring in mond its over a month since she had a SDP in her HB?

I have a feeling its all a bit too late and this lady is stuck :(
Would have sending the MGP1 at the point we got the HBStop enabled us to keep paying her Hb (systems issues apart as no idea how Id trick the system into paying HB if not in supported accomm)

Thanks for any info/advice /ideas on what I should do now or what we should have done when we got the HBStop

See paragraphs 25 - 27 here https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2019/a12019-hb-gateway-severe-disability-premium-and-claimants-with-3-or-more-children#uc-hard-gateway-changes—the-process

HB should be reinstated. Any UC paid will probably be recovered but the claimant should ask for this to be waived.

Thanks for that - we cant re-instate until UC ends though as they are currently paying her Housing Costs - so presumably we need to send the MPG1 now, and wait for the reinstate HB instruction from the DWP??

I know HB shouldnt have been stopped in the first place, but I am not sure we can re-instate before UC /DWP tell us we can or at least until her UCHE isnt in payment anymore? Clearly we need to revise the terminating decision, but Im not sure when I can/whether I need to wait for anything?
Thanks

Prisca - 04 November 2019 04:18 PM

Thanks for that - we cant re-instate until UC ends though as they are currently paying her Housing Costs - so presumably we need to send the MPG1 now, and wait for the reinstate HB instruction from the DWP??

I know HB shouldnt have been stopped in the first place, but I am not sure we can re-instate before UC /DWP tell us we can or at least until her UCHE isnt in payment anymore? Clearly we need to revise the terminating decision, but Im not sure when I can/whether I need to wait for anything?
Thanks

I think you need to send the MGP1 as required, asap, and contact the UC partnership manager. The earlier the better for the claimant.