HB entitlement before HRT confirmed by DWP?

After arguing that my client had a permanent right to reside, the decision not to pay him ESA has been revised. The only problem is that his claim for HB was submitted a month before his ESA claim.

If I submit the ESA letter to HB as confirmation that he passes the HRT, should they agree to pay HB from the start date of the HB claim, even though ESA wasn’t awarded until a month after that?

On a strictly technical approach, it is not guaranteed: HB Reg 10(3B) says that an HB claimant cannot be a PFA if s/he is on income related ESA - so for any period when that is not the case the Council should take its own view.

It depends (i) whether the Council feels it has enough time to be bothered with such pedantry for the sake of four weeks and (ii) whether the Council strongly feels the DWP has got it wrong.

I would rate the chances of them revising the HB decision (or making the first-instance decision in the claimant’s favour) as about 90% - it should be OK.