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Is a payment on account sufficient to meet SDP gateway conditions?

tbidmead
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WRAMAS - Bristol City Council

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I’m guessing this is a no but have no opportunity to check references for a few hours, so just wondering if anyone knows, if HB make an interim payment - is this enough for the claimant to be caught by the SDP gateway & be able to claim legacy benefits?

Florinda
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I worked with 2 cases last month (referred by Housing Benefit team) which were entitled to SDE but claiming UC. I closed UC claims and I applied for legacy benefits. Both backdated; one from February and other one from March 2019. Obviously, UC overpayment accrued. Hence, repayment plan made.

tbidmead
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Having looked in a bit more detail, I can’t see that there would be an ‘entitlement’ to the SDP looking at the construction of reg 93(1) of the HB regs.
Very little experience with payments on account though so if anyone knows more, please correct me.

tbidmead
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Florinda - 11 September 2019 01:23 PM

I worked with 2 cases last month (referred by Housing Benefit team) which were entitled to SDE but claiming UC. I closed UC claims and I applied for legacy benefits. Both backdated; one from February and other one from March 2019. Obviously, UC overpayment accrued. Hence, repayment plan made.

What SDP were you relying on to get the legacy benefit claims made?

chacha
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tbidmead - 11 September 2019 02:55 PM

Having looked in a bit more detail, I can’t see that there would be an ‘entitlement’ to the SDP looking at the construction of reg 93(1) of the HB regs.
Very little experience with payments on account though so if anyone knows more, please correct me.

Yes, a payment on account or an interim payment, is not HB it’s what it says on the tin. Entitlement to HB has not been determined, for whatever reason, so 93 only relates to an estimate of what HB entitlement “may” be. It could actually be nil.

BUT

It could get complicated, see http://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=2490

Edited, just to add, I very much suspect that if this is just waiting for some information not related to the inclusion of the SPD in any HB entitlement then looks like it may still meet the gateway conditions when a proper determination is eventually in.

 

[ Edited: 11 Sep 2019 at 04:05 pm by chacha ]
tbidmead
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WRAMAS - Bristol City Council

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chacha - 11 September 2019 03:54 PM
tbidmead - 11 September 2019 02:55 PM

Having looked in a bit more detail, I can’t see that there would be an ‘entitlement’ to the SDP looking at the construction of reg 93(1) of the HB regs.
Very little experience with payments on account though so if anyone knows more, please correct me.

Yes, a payment on account or an interim payment, is not HB it’s what it says on the tin. Entitlement to HB has not been determined, for whatever reason, so 93 only relates to an estimate of what HB entitlement “may” be. It could actually be nil.

BUT

It could get complicated, see http://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=2490

Edited, just to add, I very much suspect that if this is just waiting for some information not related to the inclusion of the SPD in any HB entitlement then looks like it may still meet the gateway conditions when a proper determination is eventually in.

Thanks chacha.