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Forum Home  →  Discussion  →  Residence issues  →  Thread

AT Cases and HB

MartinB
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Welfare Benefits Adviser, Client Services, Crisis (Edinburgh)

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Total Posts: 84

Joined: 2 December 2020

Good afternoon

Am I correct that if a person with PSS and no other QRTR is awarded UC as a result of the AT judgement, then they are passported to to HB in the usual way?

This person can now access temporary accommodation, and I assume that thy will be passported to max HB, but want to be sure?

Thanks

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

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No they are not, some of the situations where legacy benefits provided a passport to HB were never amended to include a reference to UC and this is one of them.  See HB Reg 10(3B)(k) and (l) where UC is conspicuous by its absence.

In practice the Council will probably follow UC, but as a matter of law they are free to take their own view.

MartinB
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Welfare Benefits Adviser, Client Services, Crisis (Edinburgh)

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Total Posts: 84

Joined: 2 December 2020

Thank you, and thanks for pointing me towards the regs.
Glad I checked.
Like you say, HB likely to be awarded if they see UC in payment, but good to be prepared for this not happening,