HB change of circumstances or new UC claim

Hello

My client was in receipt of HB until her tenancy ended 01.12.18.  Client also in receipt of ESA(IR).

She started a new tenancy on 06.12.18 and lived with her parents during the gap.  The Housing Officer at her new tenancy insisted she claim UC (which she did)

Both tenancies are in the same Local Authority.

Could this have been treated as a change in circumstances for Housing Benefit purposes and therefore allow the client to remain on legacy benefits?  Or does the break in claim mean a new claim for UC?

Thanks

Allan

That fact that she has gone ahead and claimed UC probably makes this academic, but my view is that in every case HB is awarded for a whole benefit week.  The eligible rent and income are sometimes adjusted to a part-weekly amount, but as a matter of law there is always a weekly Maximum HB leading to a weekly award.

If I am right about that, it will not be necessary for HB to end in cases where there is a gap in liability/occupation that does not gobble up a whole Monday to Sunday benefit week .

But it’s too late now in your client’s case because she has claimed UC and, unless she is a student or an EEA national, s4(1)(a) to (d) of the 2012 Act will be satisfied now and that means any HB award has to terminate.  Interesting argument as to whether she is entitled to the two-week run on - I will have to think about that.  Probably depends whether the Council had already made a decision ending the HB award by the time she claimed UC.

Thank you for the reply, much appreciated.

UC has been claimed but no payment as yet.  Do you think she could withdraw the UC claim and then claim HB as a change of circumstance? She has not, as yet, made any claim for HB for the new tenancy.

Thanks

Update

We’ve manged to cancel UC and get ESA reinstated.  We’ve submitted a change of circumstance form to HB which should go through fine.

Thanks again

Allan

That could be a mistake.  If UC was claimed and s4 was satisfied, HB terminates correctly and withdrawing the UC claim unfortunately does not turn the clock back.  What is more, claiming UC abolishes ESA.

DWP shouldn’t do this, it creates a proper mess.

One of our clients did this and successfully re-instated IS. The LA allowed them to make a new HB claim.
About 6 mths later they sent them an o/p because they had claimed UC. The o/p letter actually quoted the date the LA had been informed about the UC (they received UC for a month). We said this was official error and they withdrew the o/p but refused to carry on paying HB.

IS meanwhile reported that it had been paid “continuously” since 2011. Reminded of the UC they said they would send an o/p for the month when UC was paid but they would not be requesting an o/p of the whole of the IS since the UC application. I noted this obviously.

The clients wanted to appeal the HB decision and were appealing the withdrawal of their TCs (bec ause of the UC claim).

I considered that IS might be re-acting like this as an acknowledgement of DWP official error. The clients complained to the MP who asked for a DWP investigation and the investigation did not acknowledge error of any sort.

I echo HB Anorak’s words. This has certainly created chaos for the clients. IS will not be enough to live on and pay the rent

Allan Ramsay - 21 December 2018 12:21 PM

Update

We’ve manged to cancel UC and get ESA reinstated.  We’ve submitted a change of circumstance form to HB which should go through fine.

Thanks again

Allan

Agree with Anorak HB is a “weekly” Benefit.

I suppose, though in part it depends when that week runs from and ends

Your clients tenancy ended on Saturday and started the following Thursday.