backdating housing costs

client completed a cic online advising private tenancy. We contacted UC requesting a backdate of housing costs advising tenancy was with RSL. The incorrect payment was for over 14months with arrears accumulating as a result . backdate has been refused any ideas ?

It’s hard to tell exactly what’s happened - has it been paid under LHA rates when it should have been social landlord?

The mechanism I would use would be a late reporting. So re-report the housing costs as social landlord from the date they should have been, write in the journal requesting an extension of time of late notification of housing costs and explain why they’re vulnerable, why the tenancy was confusing etc etc.

If that’s what you’ve done and that’s what’s been refused then I’d just go to tribunal and emphasise any client difficulties and why the late reporting is reasonable.

thanks
I requested backdating as LHA had been paid, I asked for a backdate as the initial award was based on inaccurate information and could be backdated because of this

I would try my suggestion where the entire housing costs are re-reported from the original date as the UC system copes better when you follow their processes, even if it’s basically the same thing in reality.

My template for the journal is: ‘I wish to request an extension of time of the late notification of this change of circumstances. I originally reported my housing costs as private as I was confused about the nature of my landlord. This means my rent was limited by LHA when it shouldn’t have been. I have been a social landlord tenant since X date. I have now been given support and advice and understand that I actually live in a housing association property. Please amend my housing costs from the beginning of my claim. I have X and Y vulnerabilities and/or needed specialist support to understand my situation. Because my rent has been wrongly paid, I am now facing eviction.’

What will happen is that the ongoing housing costs should be solved fairly quickly, and the above request will go to a decisionmaker with normal timescales. What will also probably happen is that the entire LHA amount will be an overpayment, but then an underpayment will be generated through the difference.

Hi Rebecca
would you also report all the rent increases yearly as this dates back to 2020 ?

Hello,

Yes, I would suggest reporting it all sequentially. I’d also probably do a note to be clear about what housing costs are for when.

The late notification process normally can only go back 13 months but hopefully it’ll all be fixed!

appeal was unsuccessful
1. The appeal is refused.
2. The decision made by the Secretary of State on 28/07/2023 is confirmed.
3. The tribunal considered whether the case should be treated as an application for
revision rather than supersession. However the appropriate notification was not
received within the statutory time limits for a late application, having just exceeded
the time limit.
4. The appellant seeks extension of time.
The change in rent occurred on 01/04/2022, and the error regarding the landlord
was made some time before that.
The change of circumstances regarding an increase in rent and the fact that the
landlord was a social housing landlord (which would have increased the amount
payable to the appellant) was notified via his journal on 2nd May 2023 and by the
relevant change of circumstances notification on 12th May.
The application is made outwith the 13 month period of the date on which the
change occurred.
Even if that hurdle had been cleared, the Secretary of State must be satisfied that it
is reasonable to grant the extension.
Final Decision Notice Addition C | Page 1
In considering that issue, no account is to be taken of ignorance or
misunderstanding of the applicable law, either by the appellant or those
representing him. The fact that the appellant did not understand the law and that
those representing him did not pick up on the error cannot be taken into account.
There must also be special circumstances showing that it was not practicable for
the appellant to give notice of the change of circumstances within the notification
period.
The appellant, who has some difficulties with reading, writing and understanding,
has given notice of relevant changes in the past and has made numerous journal
entries, and could have made the relevant notification is he had understood that he
ought to.
5. The representative of the appellant submitted that there was failure on the part of
the respondent to carry out appropriate checks in relation to the tenancy. There is
no condition relating to specifically to official error.
6. This has been a remote hearing in the form of a video hearing. 888888 0n the
appellant attended and the Tribunal considered the appeal bundle to page 42. First
Tier Agency representative did not attend.
Tribunal

I have emailed the other organisations who helped the client prior to my getting the case