HB or UC for housing costs in new secure tenancy - same LA area, previously HB in temp
Hi, Hope someone can point me in the right direction with this one.
Client lived in 4 bed HA property with partner and one non dep until 09/03/18. She was main claimant of ESA IR for herself and partner and he had PIP. No HB was in payment for rent due to under occ and non dep income so was CTAX only award.
Client left property on 09/03/18 fleeing violence and moved into temp accommodation. ESA altered claim to single person but no help with rent in temp was claimed at that time. On 18/04/18 client was advised rent in temp had been increased so claimed HB to cover the rent which was put in payment.
She has now moved to a new secure tenancy(same LA area) and HB have refused her claim on the basis she can’t get HB as she wasn’t in receipt of it prior to moving into temp?
Is there something in the regs on this about needing to claim UC even though same LA area if not been in receipt of HB prior to moving into temp? Does not having anything in payment due to income of non dep and under occ still not technically constitute a claim or does it actually need to be in payment?
Have I missed a change in regs on this one?
Well if you’ve missed something then so have I. I don’t see what not having HB in the last but one accommodation has to do with anything. If the person was receiving HB at last accommodation and moves in same LA area then they have a continuous HB claim, and if no other things have changed affecting entitlement to any other benefits, then there is no new claim for anything. So, no migration to UC as far as I can see.
HB Team are now saying they were explicitly told by DWP that being on HB in temp is only for a special group of people who have no other way of claiming housing costs. Once they’ve left temp they have to claim UC for help with rent as normal right to HB has been lost? So does this mean every person who for whatever reason has to go into temp in the same council area is going to then find themselves on UC…...if there hasn’t been any other change in circs that is.
Going to keep looking into this as I’m still not convinced…......
Well, I’ve said it before and I’ll say it again: the last people they should take any notice of are DWP.
The correct analysis follows:
- Article 7 of the No 23 Order blocks a new claim for HB unless it is for temp/specified accommodation. But this is not a new claim so that isn’t a problem.
- Reg 5 of the UC Transitional Provisions Regs 2014 says you cannot be entitled to HB (except for temp/specified) if you are also entitled to UC. If the claimant had already gone onto UC before or during the spell in temp acc, Reg 5 would kick in at the point when she moved to general needs and HB would then have to end. But that isn’t the case either.
There is nothing else that would prevent this claimant’s HB from continuing after the change of address.
Thanks HB Anorak - hopefully this will sort it.