UC/HB/ESA Full service area

Morning,

Client failed WCA, has had MR and has recently submitted appeal. UC full service area.

Her HB was suspended when the ESA stopped and she did not provide info within the one month to HB so (I think) that claim has now ended.

I understand that she can get IRESA reinstated pending appeal – but am I right that she can’t get the HB back now? Because that would be a new claim, so to claim for housing costs she would have to claim UC?
She has claimed nothing since the IRESA and HB stopped some months ago.
Many thanks

As long as she hasn’t touched UC yet there is a way back.  It is true she cannot make a new claim for HB in full service, but this would be a revision of the decision to end the previous HB award - no claim necessary.  That obviously relies on persuading the Council that (a) there is a good reason for her delay in challenging the decision, or (b) one of the any time grounds for revision is made out in that the decision was hasty and based on inadequate consideration of what might plausibly have happened.  I would say (a) stands a better chance.

Anyone in this situation who can tough it out while waiting for the ESA dispute process to grind along to its conclusion, and not claim UC in the meantime, can remain on legacy benefits even in a full service area.

Thanks, that’s really helpful.

For what it’s worth - we are in a UC full service area. We find housing benefit are pretty amenable to late reconsiderations as long as we explain client’s (often) vulnerability, explain delay and that they’ve been surviving on x, y z with bank statements to support.

Hope it works for you!