No HB since 13th July after address change

zudecke

Hi,

Friend of mine recently changed address and informed his LA 1.5 weeks before the actual move.

All docs were provided.

He is STILL waiting for a payment since informing them on the 13th July. Every day he calls and they just say they'll mark is as urgent and that he should wait a couple more days. They've been saying that for over a month, literally.

If the money is unavailable by rent due date, there is a good chance the LL will begin proceedings to evict him.

Is there ANYTHING he can do to speed this process up? Why does it take so long and how come no one can give him a straight answer?

They have said it's in it's last stages for 4 weeks, with the QA team, whoever they are. He only moved down the road to a place that is charging considerably less rent!

Any help appreciated!

Z

Housing_Benefit_Officer

http://www.legislation.gov.uk/uksi/2006/213/part/12/made?view=plain

The Housing Benefit Regulations 2006

PART 12
Payments

Time and manner of payment

91.—(1) Subject to paragraphs (2) and (3) and regulations 92 to 98 (frequency of payment of a rent allowance, and payment on account of a rent allowance, payment provisions, offsetting) the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

(a)the times at which and the frequency with which a person’s liability to make payment of rent arises; and

(b)the reasonable needs and convenience of the person entitled thereto.

(2) Where a person’s entitlement to housing benefit is less than £1 weekly the relevant authority may pay that benefit at 6 monthly intervals.

(3) Subject to regulations 92 to 97 (frequency of payment of and payment on account of a rent allowance, payment provisions), every authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.

zudecke

That doesn't help much, but appreciate the info.

What do you advise he does seeing as it's been considerably over 14 days...?

marliepanda

The LL cannot start eviction proceedings for one months rent owing, all it might do is upset him and make him not extend the tenancy after the initial agreed term.

However if he accepts HB he should realise this is 'one of those things.' It's a new application, HB doesn't just transfer like other benefits (I'm not even sure applying before you move even speeds it up, you can't apply for HB on a property you're not living in) it being down the road and being less money has no bearing.

As I said he can't start evicting him so hell just have to wait. I'm sure if you're friend pays what he can until HB comes through and everything else continues on time it will keep the LL happy

Housing_Benefit_Officer

Demand a payment on account as per the regs:-

Payment on account of a rent allowance

93.—(1) Where it is impracticable for the relevant authority to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested or which has been requested by the Secretary of State, the authority shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

(a)such information which may at the time be available to it concerning the claimant’s circumstances; and

(b)any relevant determination made by a rent officer in exercise of the Housing Act functions.

(2) The notice of award of any payment on account of a rent allowance made under paragraph (1) shall contain a notice to the effect that if on the subsequent decision of the claim the person is not entitled to a rent allowance, or is entitled to an amount of rent allowance less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to an allowance, as the case may be, will be recoverable from the person to whom the payment on account was made.

(3) Where on the basis of the subsequent decision the amount of rent allowance payable differs from the amount paid on account under paragraph (1), future payments of rent allowance shall be increased or reduced to take account of any underpayment or, as the case may be, overpayment.

zudecke

marliepanda wrote: »

The LL cannot start eviction proceedings for one months rent owing, all it might do is upset him and make him not extend the tenancy after the initial agreed term.

However if he accepts HB he should realise this is 'one of those things.' It's a new application, HB doesn't just transfer like other benefits (I'm not even sure applying before you move even speeds it up, you can't apply for HB on a property you're not living in) it being down the road and being less money has no bearing.

As I said he can't start evicting him so hell just have to wait. I'm sure if you're friend pays what he can until HB comes through and everything else continues on time it will keep the LL happy

Even that is a major cause for concern. It's almost impossible to find an HB accepting LL nowadays and he's liable to blow it with the one that he found because the LA took well over a month (and counting still...) to process a simple change of address?

It's outrageous.

zudecke

What do you guys advise he do with that legislation in mind? Who can he call/write to? Every time he calls, they just say they're merely a call centre..

RAS

One thing he might do is to speak to his landolord and ask him to send him to send a snooty letter threatening eviction under section 8 if the rent is paid late again; that might get someone in the LAH section to wake up.

Housing_Benefit_Officer

Email the Leader of the Council - Explain the Legislation and how the Benefits Department have failed to pay and state the next step will be a complaint to the Local Government Ombudsman - I'm sure things will be sorted out PDQ.

zudecke

Thanks for the help guys - he will be sending some letters out today!

CKhalvashi

zudecke wrote: »

What do you guys advise he do with that legislation in mind? Who can he call/write to? Every time he calls, they just say they're merely a call centre..

You need to go directly to the council, and ask for payment on account.

You can't apply for LHA for a property you don't live in.

CK