Mixed age couple staying on housing benefit

I have a pair of clients who became a mixed age couple (MAC).
Before becoming a MAC the older member had income support and housing benefit in payment.
Younger member cbESA.
Both have at least the standard rate of PIP and a double SDP was on the claim.

On becoming a MAC the IS and HB stopped and the clients didn’t seek help for several months, assuming their rent was getting paid. They claimed UC on advice from friends and I am trying to help with the closed period from MAC age to UC claim date.

I have asked for a supersession of the cbESA with an irESA top up to the day they became a MAC until they claimed UC; if successful they would get a back payment for the closed period and a SDP element on their UC.

Their HB award ended 4 days after they became a MAC.

If the supersession is successful and the younger member of the couple had an irESA claim whilst the older member had HB, I’m hoping I can challenge the HB closing.
I’m aiming to challenge and ask the HB decision be stayed whilst awaiting the ESA supersession.

I’m looking for options if the HB challenge may be successful if irESA is awarded.

Thanks F

Did all this happen before or after the SDP gateway closed?

The SDP gateway was closed.
They became a MAC in 2022.

Just want to check what you mean by staying the HB decision.

The way I read the chronology, the HB decision was already made when they became an MAC, so it’s too late to “stay” it.  If you are wanting the Council to sort of provisionally revise the decision and pay HB down to the date of the UC claim without first establishing entitlement to ESA(ir) for the younger partner, I don’t see how that is possible.  Reinstatement of HB for the closed period will have to wait until ESA(ir) entitlement is confirmed.

If you meant that an HB appeal/recon has been submitted and you want action on the appeal/recon stayed pending the ESA matter being resolved, then yes that is the right tactic.  This errs on the side of caution: if you relied on the Council revising their decision under D&A Regs 4(7B) and (7C) (“relevant benefit” awarded/reinstated) without an application/appeal from the claimant, there is a risk that the Council will say those provisions don’t quite cover all the bases: (7C) doesn’t apply because ESA(ir) was not in payment to begin with so there is nothing to reinstate; and (7B) doesn’t apply because the original HB decision did not award HB, it terminated it.  So definitely a good idea to get the appeal/recon in now, and ask the Council to hold off dealing with it until the ESA is sorted out.

It was asking for the HB recon/appeal to be stayed whilst awaiting a decision on the irESA.

Thanks for your reply, we’ve submitted an appeal with a request to stay.