UC and housing element missed for 2 years

We have a tenant who claimed UC nearly 2 years ago and took her Tenancy Agreement to her JCP interview/repudiation appointment. They said her TA was too old and a week or so later wrote to us (as the landlord) requesting proof of rent which we sent with a rent statement. She got her UC and paid rent for the next 2 years so she had no rent arrears and we had no contact. Her circumstances changed recently so she got in touch with us and when we looked at her UC award it didn’t include a housing element. We rang UC who said they never received our proof of rent and therefore never included a housing element. She has been paying rent out of her personal element and child elements. DWP have said they will start paying housing element now from when they receive our proof of rent but will not backdate.

My view is that the DWP knew she had a rental liability as they had her tenancy agreement and they wrote to us requesting proof of rent. We have a copy of our reply. We know they don’t reply to letters as they have not replied to numerous letters we have sent regarding wrong managed payments, wrong rents etc. If they didn’t receive our proof of rent should they not have got in touch with us or the tenant to chase up? Also we sent a schedule to DWP in March 17 of rent decreases for all our tenants on UC and her details were on this so this should have alerted them.

I’m not sure of the route to take with this case. I am thinking wait until she gets new award letter and assuming they haven’t backdated HE to the date of claim (2 years ago) request MR and then appeal?  Or is it a complaint? Any ideas? We are in a Gateway area.

Sounds like it’s the old problem of DWP “not receiving” mail that is sent to them.  Doubtless their initial response will be to blame Royal Mail.

You should submit an MR of the recent decision awarding housing costs on the grounds that the commencement date is incorrect because of an error made by DWP in not actioning the housing costs evidence when it was first sent in.

Also, as an alternative at the same time, apply for a revision of the original decision awarding UC without housing costs on the grounds that there was an official error by DWP.  You will need to substantiate this with evidence of sending the document, such as a witness statement by whoever sent it and/or copy of any file notes you hold and/or evidence of posting.

Decisions which are erroneous as result of official error can be revised at any time - reg 9 The Universal Credit (Decisions and Appeals) Regulations 2013.

Also submit a formal written compliant as this can help ensure it is handled by someone who is more knowledgeable and may also result in an explanation as to what went wrong.