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Continuing with HB
Cl was in ‘specified accommodation’ and consequently got HB. The cl then moved out into a Housing Association house in the same area and attempted to transfer the HB claim to the new property.
The LA reportedly told him he wasn’t able to claim or transfer HB but has to claim UC instead. When questioned by a colleague the LA said that it was because HB for ‘specified accommodation’ cannot be transferred in the same way and an ‘ordinary’ HB claim.
I can’t find anything in the various Regs to confirm or deny this assertion and I was wondering if anyone had any ideas?
This is wrong. Unless he has a live UC claim (for the other elements), in which case the HB would have to end.
This is wrong. Unless he has a live UC claim (for the other elements), in which case the HB would have to end.
The cl has in fact made a UC claim as of yesterday as a matter of expediency, he was very anxious about his rent being paid so rather than challenge the HB decision he has claimed UC. He is also better off on UC due to the larger amount of the LCWRA element when compared with legacy benefits.
If the LA gave incorrect advice then they may be more easily prevailed upon to make a DHP to cover the period from when he moved in to the date of the UC claim?
That shouldn’t be necessary, as the HB should never have stopped in the first place. He will have to challenge their decision though.
That shouldn’t be necessary, as the HB should never have stopped in the first place. He will have to challenge their decision though.
... and he should get the two week run on.
Thanks for the replies. I’m glad to say that the Council have realised they gave incorrect advice (they assumed the cl was already on UC, with HB because of his specified accommodation) and reinstated HB to the date of the UC claim