change of address within LA area (Again!!)
I have an LA who are insisting that a tenant moving within an LA area who is currently on legacy benefits MUST make a claim for UC because she is moving from temporary accommodation to permanent, the suggestion being that she only qualifies for HB because she was in temporary accommodation so a change in tenancy type at this stage is a change of circumstances that warrants a new claim, its not just a change of address.
I have the amended A7/2018 guidance which does not make this distinction at all but I just wanted to check we weren’t missing anything.
If it helps, she was in receipt of HB before the LA became FS so she did not get HB just because she was in temporary accommodation.
They are wrong. It’s not a new claim so Article 7 of the No 23 Order doesn’t stop them getting HB; they are not already on UC so Reg 5 of the UC(TP) Regs doesn’t extinguish the HB award; and they haven’t claimed UC so Reg 8 ibid doesn’t terminate the HB award.
If a person is already on UC then it is true that being in temp acc is the only thing that allows them to remain on HB; and it is also true that they would only be allowed to make a new HB claim by virtue of being in temp acc. But here they are already on HB and there is no reason it cannot carry on after the change of address.
Thank you. This particular LA were so insistent that they are right we were doubting ourselves.
Despite giving them Anoraks useful answer, plus an email from the local partnership manager, the LA are refusing to budge, but cannot tell me how, or why, they are making their decision. In the meantime my tenant has no housing costs in payment and is feeling forced into claiming UC to avoid further arrears. It’s taken the LA 5 weeks to tell the tenant they are not going to pay.
Can I name and shame?
Can I name and shame?
Oh dear, I would say yes…...................................................................make a corporate complaint, appeal and copy in the MP, a local councillor and I would be asking for restitution/compensation for distress etc.
It’s beyond a joke!!
Please do name and shame - if it’s an authority where I have contacts I might be able to get someone to intervene. PM me if you prefer
Quick update. the LA in question have had an overnight change of heart and are now paying HB.
Hurrah! Thanks to HB Anorak *flowers*
Great news - in that case I no longer need to do the thing I was going to do
And so it goes on…....
We have just been sent this list from our Partnership Manager telling us it triggers a claim to UC even if in the same LA area.
• Specified to Non Specified accommodation
• Homeless into Specified, Temporary or rented accommodation
• Temporary to tenancy accommodation
If they are getting HB and legacy benefits surely this is still just a change of address