Two week rule to make Housing Benefit decision

Have tried looking in the search but perhaps I am not narrowing this down enough:

Has there been a relaxation of the rule requiring local authorities to make HB decisions within 14 days , or as soon a reasonably practicable,  of having all the information? I’m guessing having most of your staff work from home due to Covid-19 might fit the reasonably practicable bit but this delay has been almost 2 months now and no HB being paid. I thought they had to at least make a stab at an award which could be corrected later ...

I need a decision with an SDP in it to convince DWP to allow a care leaver who has turned 18 to get ESA.

Thanks.

The provision from the regs is 14 days or as soon as reasonably practicable, which does not really get you anywhere because “as soon as reasonably practicable” covers all sins.

If you’re concerned about delay then I’d just be making a complaint or ringing up someone friendly at the HB office. 2 months is obviously a significant amount of time.

I am not sure that the “take a stab at it and sort it out later” approach to decision making will fly (although plenty of LAs seem to be happy to take that approach when it is going against the claimant…)

Don’t forget they can (and should) make payments on account if your client has supplied all the evidence needed to process the claim.

Thanks both.

Paul_Treloar_AgeUK - 25 August 2020 04:53 PM

Don’t forget they can (and should) make payments on account if your client has supplied all the evidence needed to process the claim.

That is what I was meaning by them making a stab at it and correcting errors later. I will pursue that option.

Cheers NSN

is it a new claim for HB?
if not, why wasnt there a sdp in the previous award?
if its a new claim, why your claimant exempt from claiming UC??

If you can give a bit more info arounfd the circs it may help

Hi Prisca

Prisca - 26 August 2020 05:29 PM

is it a new claim for HB?
if not, why wasnt there a sdp in the previous award?
if its a new claim, why your claimant exempt from claiming UC??

If you can give a bit more info arounfd the circs it may help

It is a new claim to HB.

There was no previous award of any legacy benefits as this is a care leaver turning 18. In the few months before turning 18 he was awarded PIP and had moved in to exempt accommodation. Hence we were waiting for their 18th b/day to claim HB, get the SDP and then claim ESA. Financially more beneficial route than UC which doesn’t pay SDP or DP.

Thanks NSN