HB after withdrawn UC
My claimant on legacy benefits including IB-ESA with SDP and HB changed address within LA and submitted a change of address. Unfortunately he was then told he need to claim UC. He started that process, realised it is was not right and withdrew / cancelled his claim within days but after his rent had been verified by his landlord. He has managed to retain his IB-ESA (confirmed by ESA office but I don’t know on what basis) but LA are refusing to put HB back into payment.
Not sure what to advise. If he made a valid claim for UC surely his ESA should have stopped as well but if it didn’t am I missing something to get HB back in payment?
I think you are right unfortunately and it is ESA that is out of step here. HB terminates after two weeks if UC is claimed and the claimant gets past confirming basic eligibility (not too old, not too young, not a student and in GB). If things got as far as the rent being verified it is highly likely the claimant had already satisfied the basic conditions.
As for ESA, that should have been abolished two weeks after the date of the UC claim, and in this case it doesn’t matter whether the UC claim got past the basic eligibility tests - just the act of claiming UC alone abolishes ESA(ir).
The regs governing this are Reg 8 of the UC(TP) Regs 2014 plus Article 4 of the relevant local WRA 2012 commencement order