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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB, UCLS and evictions—all because Landlords changed

 

MKM35
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ASG PBS UC Shelter

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Total Posts: 77

Joined: 14 March 2018

So.…

Client was claiming HB, whilst working, until March 2018 when it inexplicably stopped. This was about the time her landlord change from R to S. She tried applying for HB again around this time but was knocked back and told to apply for UC, which she did in Sept. Her UC housing element was not processed until November as DWP said that there was no evidence that S were her landlord even though they are and have brought possession proceedings against her for rent arrears. While this is now sorted, she is still left with significant arrears (7 months - March till Sept)

DWP have said they will backdate HE to September but no further.

Client’s postcode becomes full service on 12/12/2018 and no new UC claims are allowed from 01/01/2018 unless:
•She changed addresses between 01/01/2018 and her date of UC claim (21/09/2018).
•Her live UC claim ended because of high earned income.
•She separated or formed a couple where one of them had a live UC claim.

Neither of the above apply to her situation. Someone in HB appears to be thinking change of landlord = change of address. Speaking to HB but open to any ideas as (1) client’s UC is deducted at 20% for MPTL and (2) eviction hearing is on 19/12!

Any ideas welcome…

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HB Anorak
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benefits consultant/trainer, hbanorak.co.uk, east london

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Something not right here.

How did she manage to claim UC in September if her postcode wasn’t full service until today?  The system should have rejected the claim.  Her history does not match the limited cases where a UC claim was allowed between 1/1/18 and 12/12/18.  Those cases are only (i) rapid reclaim after up to six months nil qualifying because of earnings and (ii) split up from partner while on UC.  In fact, (i) didn’t even require a claim.  Change of address alone absolutely is not and never was a circumstance in which a UC claim was allowed in pre-full service days.

The solution to the March - September period is for the Council to revise its decision ending the HB award: if she remained liable for rent but with a different landlord, there was no reason for the HB to stop.  She should lodge an appeal to the Tribunal against the decision, but hopefully the Counci will revise the decision anyway and in view of the urgency.  The reason for the late appeal is incorrect advice from the Council - should be admitted no problem, if it comes to that.

HB should end from when she made the UC claim, plus another two weeks.

 

      [ Edited: 12 Dec 2018 at 11:44 am by HB Anorak ]
MKM35
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ASG PBS UC Shelter

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Total Posts: 77

Joined: 14 March 2018

Shouldn’t have, but it did! ¯\_(:/)_/¯.

Thanks, HB!