R2R

Can an HB decision maker make a decision on R2R or are they bound by a seperate ESA decision makers decision?

They can make their own decision. The LA we have the most dealings with frequently do so. Their decisions are considerably more sensible than the DWP’s.

And, in my experience, often wrong (albeit in the client’s favour) on the evidence available to them at the time.

LA ( HB ), seems essentially bound by the income and capital rules of the DWP. RH9/04 is a good decision to read on this. Also that HB guidance manual (below) indicates that if LA is not entirely happy with the DWP’s decision on R2R, then it must go on and make its own findings on the issues

The Housing Benefit Guidance Manual Part C4 states:

4.232 When simultaneous claims are made for IS/JSA(IB)/ESA(IR) and HB/CTB, you should ask Jobcentre Plus to decide the IS or JSA(IB) claim first and to advise you immediately of the outcome. If IS, JSA(IB) or ESA(IR) is awarded, you should follow the IS, JSA(IB) or ESA(IR) decision and determine the HB/CTB claim in the normal way.

4.233 When IS, JSA(IB) or ESA(IR) is refused because the claimant is a PFA the Social Security/Jobcentre Plus office will forward the NHB1 as usual. A note of the reason for the exclusion, the effective date of the decision and a record of the evidence supporting that decision (but not the Decision Maker’s reasoning) will also be provided. You will need to ask the claimant to provide any further information necessary to determine whether they are a PFA.

4.234 The claimant’s separate rights of appeal on HB/CTB claims require you to adjudicate entitlement separately. Where HB/CTB is claimed some time after IS, JSA(IB) or ESA(IR) has been refused on the grounds that the claimant is a PFA, Jobcentre Plus will forward the above information on request.

4.235 When a claim for HB/CTB is made and IS, JSA(IB) or ESA(IR) is already in payment (eg where the claimant has recently obtained a tenancy), and the answers on the HB/CTB form indicate that the person may be a PFA and not entitled to HB/CTB (eg the claimant has come to live in the CTA in the last two years), you should confirm with Jobcentre Plus that the appropriate tests have been considered and the claimant is not a PFA. If the question has not yet been considered, Jobcentre Plus should be asked to take the lead and to advise you immediately of the outcome.

marvellous. Let battle commence…