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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB Backdating

bigbill
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Dumfries Welfare Rights

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Asked local Council to allow a new HB claim last September as we had applied for SDP to be added to existing old style ESA(CB) claim, refused.

Tried to claim online stopped by computer as no SDP in payment.

Ask for HB application to be sent out again refused.

SDP now finally added and backdated to September, where do we go from here to get HB sorted out as the SDP gateway is no longer available.

Unwilling to claim UC even if they did no backdating of existing housing costs to September would be allowed.

Elliot Kent
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Shelter

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You need to ask that they either determine his proto-claim from last September or alternatively revise their decision insofar as they refused to accept it as a valid claim.

bigbill
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Dumfries Welfare Rights

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Thanks Elliot,

Maybe I have not been clear no HB claim has been submitted as the Computer says “NO” attitude by my Council stopped us having the ability to submit a claim in September, all we got was no SDP you need to claim UC instead, which was not an option as we wished to have the SDP added to claim HB and stay on ESA but the SDP changes in January and the time it has taken for the SDP only to now be awarded and backdated to September 2020 have caused this problem.

They have no desire to change to UC and if we had been allowed a HB claim pending the SDP award we would not be in this position now.

Elliot Kent
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To get them on HB, there would need to be something which is identifiable as a claim and which occurred prior to 27/01/21. If the online system would not permit a claim to go forward, then you would want to be able to point to some sort of direct contact with the housing benefit department which clearly indicates an intention to claim. It would not necessarily need to be an official online claim in the ordinary sense, but there would need to be something on which to pin an argument.

That is the only circumstance where there is going to be an argument. If there is nothing which can be argued to amount to a claim prior to 27/01/21, then the HB door is closed to them and they are left with the options of either claiming UC or not claiming it and sticking with what they currently have.

[ Edited: 18 Apr 2021 at 12:58 pm by Elliot Kent ]
Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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bigbill
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Dumfries Welfare Rights

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Total Posts: 127

Joined: 24 June 2010

Thank you both I am looking forward to a good argument when we try and submit this new claim next week.

bigbill
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Dumfries Welfare Rights

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Total Posts: 127

Joined: 24 June 2010

UPDATE:

Client called today to say almost £3,000 backdated HB going into his Bank account and ongoing HB allowed.

Not seen the letter but thought we were in for a long drawn out argument but it seems not?

Thanks to all for the help.