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Housing Benefit or UC

Pete at CAB
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Welfare Benefits Adviser’ for Citizens Advice Cornwall

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Total Posts: 393

Joined: 12 December 2017

The claimant moved to this LA area in 2019, fleeing domestic violence. Full service UC began in June 2018.

The claimant was given HB but the only reason I can think of for this was that they were in specified accommodation at some point and after this they were entitled to HB as a change of circs rather than a new claim.

Following a s.21 notice the cl moved out of their accommodation at some point in either2021 or 2022,  and for the next two years the cl was sofa surfing or living in a caravan. HB stopped as they no longer had any liability for rent and did not make an HB claim for the caravan

In September 23 the cl. gained accommodation in the same LA area and claimed HB. This was refused and they were advised to claim UC instead.

I may be over-thinking this but it seems to me that the Council might be correct. The HB claim ended two years or so before the latest claim and the latest claim is not a change of circs but a fresh claim which must therefore come under the UC rules - have I got this right?

Prisca
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benefits section (training & accuracy) Bristol city council

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Joined: 20 August 2015

if your area was full UC in 20185 then HB likely paid as in temporary or supported accommodation .
if she was already on UC when she was in the temp accomm HB should have ended as soon as she left the the temp accommodation

If she WASN’T on UC when she claimed HB at the temp accom, and then moved in area (to a LHA or HA property for example), that would be a change in circs and HB could continue.

Once she left that address, HB would end.

She cannot make a new claim for HB so if she needs help with housing costs now, she would need to claim UC

 

Elliot Kent
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Shelter

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The HB award was yonks ago and is of no continuing relevance. It would be a UC claim.