Universal Credit/Housing Benefit- Please help!

melancholicynic

We are moving house from private to council. We already claim housing benefit for our current property, under the same council. They told me today that we need to apply for Universal Credit when we move into the new property to claim housing benefit. They were adamant that this is what needs to happen. However I have read on the entitedto site that as long as you’re moving within the same local authority, it should not trigger a change to UC. I’m worried because they were so insistent at the council that I would have to do it that way, rather than just change my address. They even said it comes in from tomorrow, that’s the date it all changes. I don’t know why I need to make a new HB claim when it’s the same council and the same area? I really don’t want to change to UC. I can’t find anything on the Gov website about it, only on EntitledTo. Is there any reason my council could enforce this? Please advise xx

[Deleted User]

My advice would be that it should not trigger a transfer to UC if its the same council, perhaps print the entitled2 page off and give it to them?

melancholicynic

I will try, I don’t understand why they were so insistent that as of tomorrow it is the new system

Alice_Holt

My understanding is that if moving within the same LA, this should not trigger a move to UC.

I would be very, very reluctant to apply for UC on the say so of an individual within your HB dept, as any CTC, income related benefits, etc will stop. I suspect the training received by HB staff on UC may be insufficient and consequently incorrect advice may be dispensed by junior staff.

I would escalate within the HB dept (perhaps an email to the head of revenue and benefits); confirm with your local CAB / advice agency that your understanding is correct and ask them to write to the LA; and I suggest you contact your local councillor.

Once on UC, you cannot go back to legacy benefits. If your LA is allowing junior staff to give incorrect advice on HB / UC this could disadvantage many people.

Edit: Good point from venison - "perhaps print the entitled2 page off and give it to them?"
See also - https://www.southampton.gov.uk/benefits-welfare/benefits-advice/universal-credit/trigger-universal-credit.aspx which repeats the entitled2 guidance.
And ask them for a copy of the regulations that state you must claim UC and end your HB claim.
That may cause them to research the "advice" they are giving!

melancholicynic

Thanks Alice, that’s my understanding too. I spoke to both the lady who is showing us around the house on Friday, and a lady in the benefits section at the council, both said the exact same thing. They were very adamant that this new system comes in from tomorrow, like it has been a scheduled change on the cards for a while.

Alice_Holt

melancholicynic wrote: »

Thanks Alice, that’s my understanding too. I spoke to both the lady who is showing us around the house on Friday, and a lady in the benefits section at the council, both said the exact same thing. They were very adamant that this new system comes in from tomorrow, like it has been a scheduled change on the cards for a while.

It may be your LA has online info similar to the Southampton LA print.
It sounds like neither employees understand it, and are giving very poor advice.
Do escalate it, and don't be fobbed off. Keep a record and if they insist get their "advice" in writing.

melancholicynic

Thank you, I really hope I’m not missing something to justify what they’re saying. Could it be because it’s a different landlord, so classed as a new tenancy/HB claim?

calcotti

Obviously it is a new tenancy but it is not a new housing benefit claim. It is a change of circumstances within your existing housing benefit claim that's why you should not need to claim UC.

melancholicynic

Found it!!! https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2018/a72018-universal-credit-full-service-areas-guidance-for-local-authorities#annex-a-circumstances-in-which-a-new-uc-claim-is-required-in-a-ucfs-area

calcotti

melancholicynic wrote: »

Found it!!! https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2018/a72018-universal-credit-full-service-areas-guidance-for-local-authorities#annex-a-circumstances-in-which-a-new-uc-claim-is-required-in-a-ucfs-area

Excellent find. That's clear - you do not need to make a UC claim. Show it to your local authority. It's depressing that your local authority is giving out the wrong advice, I wonder how many claimants in your area have now applied for UC on the basis of their incorrect information.

Alice_Holt

calcotti wrote: »

Excellent find. That's clear - you do not need to make a UC claim. Show it to your local authority. It's depressing that your local authority is giving out the wrong advice, I wonder how many claimants in your area have now applied for UC on the basis of their incorrect information.

Absolutely.

Please OP raise it with your councillor. I wonder if it could almost verge on maladministration by your LA.
Some legacy claimants following that "advice" could lose £000's annually.