Housing Benefit for a past period in a full service UC area?

Hi,

I’m not sure if this is possible but I had a client in today, domestic abuse situation, partner not allowed at the property for a year due to bail conditions and he dealt with all the finances.  Client is on SRDL and SRM of PIP and gets CTC and CB for her two kids.  Their HB stopped in November 2017 as the partner started working but he stopped work at the end of December 2017 and was then in receipt of CA for the client.  No HB claim was made until 16/4 by which point we were full service UC and local council told him he had to claim UC for HCs which we don’t know if he did.  I am trying to reduce their quite considerable rent arrears and wasn’t sure if I could put in a HB claim for the period Jan - beg of Apr 2018 which is when we went full service as they would have been entitled to full HB but didn’t make the claim? 

Hope this makes sense!

Thanks

It isn’t possible to initiate a new HB claim once full service has started, even if the claimant would have been treated as made on a pre-full service date. Is there any chance that said or did something before the date full service started which could be viewed as an enquiry about HB?  Did she claim ESA?  If so she would have been asked about HB during the interview and might have claimed HB at the same time.

Alternatively, is it known for sure that the partner was not entitled to HB during November/December?  Did the Council find out about his earnings?  It isn’t too late to get the decision ending HB revised if further evidence can be found to show entitlement to at least 50p a week of HB.  It would still be his claim, but it would run continuously until there is/was some other reason for it to end (which might not have happened yet if he is absent from home on bail).

As an option…. but I am afraid….you will need to check this through yourself as Housing Law in Scotland is different.

Check out whether Sanctuary has a management move procedure for DV cases.

The idea is if she wants this….. and it is agreed….. and she moves….. this will create a new sole tenancy, at a safe confidential location. 

If its DV most probably the Landlord will not make arrears an obstacle in agreeing a move, particularly if you can show the arrears arose because of financial control from the perp.

You will need to find out what will happen to the former tenancy debt, should this happen….....