UC claim and backdated HB

I think I know the answer to this one, but can’t find the guidance anywhere. We have a client who had not applied for benefits for several months, then on 2.12.15 claimed UC. As she was in rent and ct arrears, she also applied to the local council for backdated hb/ctr but did not submit this claim until 4.12.15 (for the backdated period up to 1.12.15). She has been awarded backdated ctr from July to 1.12.15 but the council have advised that they are not able to consider the claim for hb under any circs because she made the claim after the claim to UC was made, even though she only wants the period prior to the UC claim to be considered.
I think I have seen somewhere that this is correct, but could anyone confirm this and advise if there is any guidance on this? Our client is in court on Monday facing eviction from her property so any help would be appreciated.

See:

http://www.legislation.gov.uk/uksi/2014/1230/pdfs/uksi_20141230_en.pdf

Regs 5, 6 and 8.

My understanding is that she cannot claim HB after she has claimed UC even though she was entitled unless she was in ‘specified accommodation’.

Was she claiming HB several months ago, could she challenge the closure of the claim due to exceptional circumstances?

Sue Sowerby - 22 January 2016 02:57 PM

..she also applied to the local council for backdated hb/ctr but did not submit this claim until 4.12.15 (for the backdated period up to 1.12.15)..

It seems the HB claim form didn’t just materialise in front of her.  I’ve not had cause to look at UC regs very much to date but looking at those highlighted by Andrew above it seems she may not be excluded from making a claim for HB if she satisfies Reg 6(6), ie her first notification of intention to claim HB was before the date the UC claim was made or treated as made, and the HB entitlement would pre-date the UC entitlement. 

If HB was awarded, Reg 5 of the UC Transitional Regs would appear to prevent entitlement here to HB and UC for the period that she was entitled to the latter, but that’s not a problem as you say as you only want the arrears of HB.  The implications of a retrospective award of HB for the issue of whether she would have satisfied the gateway conditions for UC is another matter.  I’m guessing not as the CTR award doesn’t appear to have affected the current UC.

On the facts, she seems to have a chance, but it depends what the date of her first notification of intention to claim HB was (see the definition in Reg 83(5)(d) HB Regs) and comparing that with the date the UC claim was made or treated as made (see Reg 10 UC etc Claims and Payments Regs 2013).

Thanks for that. Just to complicate matters, we now understand that our client is pregnant, and was pregnant when she applied for UC, so should not have passed the gateway conditions and been awarded UC at all. The claim was however accepted and awarded, and she had received a payment. We are not sure when she asked about applying for HB, but will look into this now thanks.

Not really an answer but another angle. If someone delays in claiming UC (linked to ESA decision) and there is a 2 week gap, can it be covered by a HB claim based on nil income, but again the timing seems to be crucial. Could be linked to the suspension/closure of HB claim? We are finding the requirement to make the claim for UC immediately on notification is a problem, of course we discuss MRC with customer.