UC and backdating housing element

Tenant claims UC online and ticks no to the box “Do you pay rent” as he thinks HB pays his rent. This is not picked up at his non repudiation interview so first payment of UC does not include his housing element. We realise this error and arrange a further interview at JCP and housing costs at added on but not backdated.

Surely they should have picked this up at the first interview?

Any thoughts or any arguments?

Thanks

This seems to be a common problem .. from the document linked here: http://www.rightsnet.org.uk/forums/viewthread/8835/

Q6. Award letters to claimants talk about ‘housing costs’ not ‘rent’ - means claimants don’t always realise they are being paid money that is for their rent and should be paid to the landlord - can the letters be made clearer?

A. Housing costs are an element of UC. We use this generic term because in some instances the housing costs element will not cover the full amount of the claimants rent, also some claimants do not pay rent they have a mortgage so we would confuse those customers if we referred to rent payments. When claimants attend their first interview at the jobcentre they sign something called a Non repudiation form. This form details all of the elements that make up their UC payment. They are taken through the form and then asked to sign it to say they accept/understand the elements that form their UC payment.

I think your argument is yes it should have been picked up by the JCP adviser at the interview, if they have properly ‘taken him through’ the form, surely they have asked basic questions about where he lives and what type of housing it is, ie if rented then how has the rent been paid previously.

It’s not surprising that people will not fully understand UC and the inclusion of housing costs and the ending of legacy benefits, as this is a fairly complicated situation, and your client must have had to navigate the online claim without support.  Hopefully they will backdate on presentation of your arguments.