HB claims whilst waiting for PC decision

Just want to check I’m not missing anything here. We’ve been contacted by local adviser with regards to clients who have in excess of £16,000 capital. therefore no HB entitlement unless PC GC is awarded.

Ordinarily the HB claim is made at same time as PC claim and they’ve not been a problem but now with Pension Service processing delays, it seems the LA aren’t being told about the HB claim at all. Therefore adviser wants to ensure position of these clients is protected so they can get HB award from same date as PC award.

p.207-209 of CPAG 2022/23 states this can happen if HB claim is made within one month of PC award being made. This is confirmed in reg.64 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006:

Time and manner in which claims are to be made
64.—(1) Subject to paragraph (1A), the prescribed time for claiming housing benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to housing benefit, that day and the period of three months immediately following it.

(a)in a case where an award of state pension credit which comprises a guarantee credit has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for state pension credit was received at the appropriate DWP office, the first day of entitlement to state pension credit arising from that claim;

However, I’ve noticed that the HB Guidance Manual states that:

Effective date of claim

• for a claimant or partner receiving IS, JSA(IB), ESA(IR) or Pension Credit (guarantee credit or guarantee credit and savings credit) the effective date of the claim is the first day of entitlement to IS, JSA(IB), ESA(IR) or Pension Credit (guarantee credit or guarantee credit and savings credit).

Which I believe slightly misrepresents the actual legal position here. As such, I have advised that for a belt and braces approach, they should consider making the HB claim on or around the time they make the PC claim and then asking the local authority to refrain from making any decision until such time as the PC claim is properly assessed and entitlement determined.

Does that all make sense? Is there anything else anyone would suggest we need to consider here? As ever, all thoughts gratefully received.

I submit the claims at the same time.  luckily the HB office I mainly deal with will delay processing the claim as soon as they see that there is a PC claim decision outstanding on the DWP system.

Thanks, that’s useful to know and good to hear about some sensible administration of claims.

Resurrecting this one as our HB section has refused a HB claim made for a couple who are still waiting (since August) for their PC claim to be decided. They have capital over £16,000 but are definitely entitled to guarantee credit. The HB section was asked to delay their decision pending the PC award but have just gone ahead.

I might have said this before.  The drafting of HB D&A Reg 4 has an odd lacuna in cases like this which results in it not being entirely clear that the subsequent award of GC provides “any time” grounds for revision of the decision refusing the claim.  To cover themselves, claimants affected by this issue should submit a Tribunal appeal within the usual time limit, so that the Council has clear grounds to revise the decision when the GC comes through.

HB Anorak - 02 February 2023 12:26 PM

I might have said this before.  The drafting of HB D&A Reg 4 has an odd lacuna in cases like this which results in it not being entirely clear that the subsequent award of GC provides “any time” grounds for revision of the decision refusing the claim.  To cover themselves, claimants affected by this issue should submit a Tribunal appeal within the usual time limit, so that the Council has clear grounds to revise the decision when the GC comes through.

Thanks for this - saw it just after I advised the appointee to submit an appeal so good to have confirmation that is the right approach.

My issue is lady was on guaranteed PC, sold her house moved to rented property & got HB & CTR. Panicked when her capital came through & notified pension credit, housing benefit. She has subsequently been awarded AA which means she’s entitled to guaranteed PC despite the capital.
I’ve done the PC reconsideration to get that restarted, HB have refused their reconsideration on the grounds of capital and no current PC award.
I’m trying to get PC reinstated but do I just wait till that comes through and put in a late appeal against the HB revision decision to refuse HB.

Housing association repeatedly told her that she couldn’t get HB or pension credit because of her capital which is why she informed both agencies.

Yes , HB wont award anything if capital over £16k and no PCGC in payment
Its the only benefit that doesnt have a capital cut off level -
So you will need to get the AA in place and then see if any PCGC entitlement - at that poit HB will pay in line with the PCGC dates - so if that turns out to be continuous, then the HVB will be too.

Might be a long slow process though, not sure how long PCGC are taking to update/revice cases/

Hi
AA is in place, just waiting on PC to reply to the reconsideration already sent in.
Thanks