Forum Home  →  Discussion  →  Housing benefit & council tax support  →  Thread

Time limiting of HB awarded on nil income grounds

 

Jessica
forum member

Oddfellows Citizens Advice Manchester

Send message

Total Posts: 4

Joined: 14 October 2016

My client was told by his local authority that they could only pay HB on nil income grounds for three months. (His ESA had been sanctioned at the time.)
Can anyone suggest where this alleged 3 months restriction might come from?
Thanks

     
Mike Hughes
forum member

Senior Welfare Rights Officer (Take-Up), Salford WRS.

Send message

Total Posts: 1709

Joined: 17 June 2010

Start here.

https://www.rightsnet.org.uk/forums/viewthread/1326/#5081

I can’t see that anything has changed since then.

     
Stainsby
forum member

Welfare Rights Adviser - Peabody Trust

Send message

Total Posts: 278

Joined: 17 June 2010

I agree with everything that was said on the previous thread, but in the case of an ESA sanction where income based ESA was in payment, the person remains a person on ESA.
(HB Reg 3A)(a). Sch 5(4)and Sch 6 (5) HB Regs)

This means that there are no grounds to supersede the original decision awarding HB on the basis that the person is on income based ESA.  There are similarly no grounds to suspend under Reg 11(2) or 13(2) of the Decisions and Appeals Regulations

The Council in this particular case is clearly wrong on every level

     
Jessica
forum member

Oddfellows Citizens Advice Manchester

Send message

Total Posts: 4

Joined: 14 October 2016

Thank you, that’s very helpful!