HB reinstatement following a successful ESA Appeal in full service UC area

I have a tenant who was disallowed ESA on 20/03/2018 as she failed the WCA.  She got assistance with a MR from another advice agency but due to the first one being lost didn’t get the second MR submitted till June and has now progressed to an appeal currently with the HMCTS waiting for an appeal date.

Tenant came to see me in July as she had been receiving rent arrears letters - her HB had been stopped due them receiving notification of the ESA stopping.  I asked for a revision of the HB decision and asked if it could be reinstated as tenant has been living on PIP and family support as she doesn’t want to claim UC - I got a decision back today saying no as she had plenty of opportunity to notify the council at the time when they suspended her HB and wrote to her for proof of income followed by a reminder etc.  Her HB claim was closed on 28/04/2018 after no response from tenant.

Two things:

1.  Is there any point in appealing the HB decision stopping her entitlement back in March?
2.  If she wins her ESA appeal can her HB be reinstated from the date it was stopped if she is in a UC full service area?

Thanks

1. Yes, there is some point appealing.  The scope of the appeal depends what kind of decision the Council made when it ended HB.  If they used the mechanism of suspension followed by termination, the scope of the appeal is arguably narrow - limited to whether they followed the procedure correctly - but there is a good chance they didn’t.  Alternatively, if they made an “adverse inference” - assumed the worst about the claimant’s income and capital - the appeal is simply on the facts: demonstrate to the Tribunal that the inference was inaccurate.

2. Yes.  She hasn’t claimed UC.  She cannot make a new HB claim, but the decision ending the previous HB award can be revised.

Thanks for your response, from the wording on the council letter I have a feeling that they may not have followed procedure correctly so will get an appeal in to see.

given hb anorak has posted here im probably wrong in some respect but….can the claimant not appeal, get ESA reinstated at assessment phase rate pending appeal, then ask for an any time revision as they now have a qualifying benefit?

Yes, good point, that would work - certainly if the decision was of the adverse inference type.  You could argue that termination is termination even if DWP benefit is later reinstated, serves you right for not replying to letters, but in reality I doubt that any council would decline to revise in those circumstances.