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Leaving Temporary Accomodation

Jen
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Benefits & Money Dover District Council

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Total Posts: 2

Joined: 13 September 2021

Good Morning.  I have a tenant who is in WRAG on ESA (IR) with Enhanced Disability Premium.  He has been in Temporary Accommodation since June this year with Housing Benefit paying his rent.  He has now moved to a general needs council property within the same Local Authority - Will this trigger a claim to Universal Credit or can he remain on ESA & Housing Benefit?  He only had a HB claim due to the Temp Accom.  Many Thanks.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Yes he can.

There seems to be a recent trend of local authorities saying “ah, but if you hadn’t been in temp acc then you wouldn’t have had an HB claim so that means you sort of don’t really have one now or something”.  It’s rubbish of course.  Once again, the golden rules:

- working age people can only make new claims for HB if the claim is for temp/supported acc.  This claimant did that.  So he has an award of HB
- the HB award will end if UC is claimed or awarded, because it says so in Regs 5 and 8 of the UC Transitional Provisions 2014.  The council does not get to decide whether there is going to be a UC claim or award, only the claimant can choose to claim UC, it’s up to him whether he wants to or not.  He hasn’t, so Regs 5 and 8 are not engaged
- the HB award will end if he no longer satisfies the entitlement conditions (comes into some money, moves away and no longer rents in that LA area etc).  That hasn’t happened either

Jen
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Benefits & Money Dover District Council

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Total Posts: 2

Joined: 13 September 2021

Thanks so much HB Anorak, I thought as much - I am now armed with some evidence if HB try to make him change.