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Backdating UC housing costs

Jacky Philipson
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Housing and Benefits worker Manchester Mental Health Assertive Outreach Team

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Do the same UC backdating rules apply to backdating just of housing costs?
Client has UC award but said on claim she was an owner occupier but actually has shared ownership. Says she completed claim at jobcentre and was asked whether she owned or rented her house and she said she owned it - not understanding the significance of the question of course and JCP person did not pursue further. She had and still has diagnosis of reactive depression and psychosis . Qualifying period for loan for mortgage costs not till Feb.

Elliot Kent
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Shelter

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My own view is that this would be a request for any grounds revision of the initial awarding decision and therefore could be raised within 1 month extendable by up to 12 months with good reason; and a request for mistake of fact supersession under reg 24 D&A Regs in the alternative.

DWP however might instead like to deal with this as a “change of circumstances” supersession - which would still mean that the date for reporting of the “change” could be extended if there is good reason - as this fits in more neatly with their computer system.

It’s certainly not going to be the rules for backdating claims.

[ Edited: 17 Oct 2019 at 03:05 pm by Elliot Kent ]
Rebecca Lough
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Welfare rights - Greenwich Council

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I’ve had success in similar circumstances logging the change of circs on the journal and then asking for an extension of time on the late notification of correct housing costs on the basis that granting the extension of time is reasonable in the context because of x and y good reason.

Jacky Philipson
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Housing and Benefits worker Manchester Mental Health Assertive Outreach Team

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Great - thank you

EJ
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Benefits advice line - Coventry City Council

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Jumping on this case as have something not so dissimilar.
Clt is on UC and PIP Enh.  Poor mental health. His father died on 23 Aug and clt, who would otherwise have been homeless, has had to wait until just last week to see if he could take on the tenancy.  He’s reported this as a change in circs and has provided his tenancy agreement.
It seems the housing element has been allowed, but only from this AP.

So is this a change of circs supersession on the account, please? Or is it a revision request on the journal for a mistake of fact that were not known previously?

Thanks everyone
Elaine

Elliot Kent
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It’s not really quite the same issue as in your case, its more a question of when the rental liability begins.

Usually in a succession case, the liability for UC purposes will begin on the date of death through some combination of (a) an actual rental liability, (b) an assumption of the deceased’s liability under para 2, sch. 2 UC Regs and/or (c) use and occupation charges. It would depend on the facts of the case as to which were applicable.

It’s for your client to report his housing costs liability to the DWP as a change of circumstances effective from the date of death and to request a supersession on that basis. It would be a late report so the DWP would need to decide whether to accept that there was good reason for it.

EJ
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Benefits advice line - Coventry City Council

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Elliot Kent - 09 October 2022 08:31 AM

It’s not really quite the same issue as in your case, its more a question of when the rental liability begins.

Usually in a succession case, the liability for UC purposes will begin on the date of death through some combination of (a) an actual rental liability, (b) an assumption of the deceased’s liability under para 2, sch. 2 UC Regs and/or (c) use and occupation charges. It would depend on the facts of the case as to which were applicable.

It’s for your client to report his housing costs liability to the DWP as a change of circumstances effective from the date of death and to request a supersession on that basis. It would be a late report so the DWP would need to decide whether to accept that there was good reason for it.

Thanks so much Elliot.  It was a sudden death and the client had been staying there (on the sofa), I guess he continued to stay in the flat without any authorisation from the HA whilst Housing Solutions were sorting out whether his position could be considered under a succession route.  He couldn’t have demonstrated liability until the decision was made.  We’ll piut that to DWP and see what they say.
Thanks again
Elaine

Mr Finch
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Benefits adviser - Isle of Wight CAB

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I’ve eventually had success pursuing a similar situation as a late any grounds revision. The DWP will probably keep describing it as a change of circumstances but if you persist with the correct description it’s possible to get there. (Edit - I was replying to the old 2019 post)

Rebecca Lough
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Welfare rights - Greenwich Council

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I’ve had good success logging these on the journal with ‘I wish to request an extension of time of the late notification of my housing/other costs. This is late because X Y good reason and these Z factors and it has caused eviction to be threatened. Please include housing costs in my claim from X date’. Doing it as a late change of circumstances rather than the word backdating gets people responding a lot more effectively.

EJ
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Benefits advice line - Coventry City Council

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Thanks everyone. :)

Elaine

ECK
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Money Advice Officer (Housing), Kirklees

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Hello, I have a query on similar lines that I wonder if you can steer me on.
Cl separated from her partner who moved out. She made a UC claim online on 28/8/22, and says she included her housing costs in the claim. She did not move address. Her housing costs were not verified by the landlord until 29/9/22. UC did not include the housing costs element in the first AP (28/8/22- 27/9/22) but will include them in the AP 28/9/22 to 27/10/22.
How best to get housing costs paid to the client for the first AP of the claim?

Thank you

Timothy Seaside
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Housing services - Arun District Council

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A note on the journal (or a phone call) ought to be enough - just to remind UC that she hasn’t had her HCE for the first AP yet. I can’t see that there’s any difficulty with it - the landlord was a bit slow, but the HC were declared on time and she was entitled. I suppose it might technically be a MR (requesting a revision), but it is possible that it will just be agreed by UC without too much consideration about what decisions and revisions have actually been made.