Can I get my housing benefit claim reopened?

Crazydennie

I know it is all UC at the moment but I really feel that I was treated unfairly as I advised them that I was ill (very nearly sectioned but had the crisis team instead) and was struggling to provide the information that they required

I was advised in June that they had suspended my claim as they needed more information and the had again revisited a period that I had paid an overpayment for and generated another overpayment with no new information. They wanted all income information for 2016, 2017 and 2018 to date. I provided this information in the form of Payslips. The work I do is via my limited company and allows me to work from home but does not generate much money at the moment. In 16/17 it lost money and in 17/18 I had been unable to keep the accounts up to date, so could not provide this information as it had fallen behind due to my ill health. I did not think that they were entitled to this information as I am an employee of the business and there is no MD income but I provided everything I had anyway.

My claim was ended in early September and they have now generated a 4K overpayment which I have no money to pay. I have submitted income information to them in regards to paying this but have not heard back from them yet.

It feels like everyone (CPN, Psychiatrist, housing benefit team) are telling me to quit trying to work and just live on benefits but I don't want to do that. Everything I can see tells me that UC is going to be a bad move for me as I can't cope with the instability of payments I have heard about

Is there any way I can appeal at this stage as I was very unwell when they were doing this?

jetplane

Yes you can appeal but will need professional help to do it. An experienced advisor will be able to get the relevant decision dates and submit late appeals as long as it is not more than 13 months and you can show continuous good cause for the delay.

Your CPN or psychiatrist should be able to help source some representation for you from Shelter or CAB or welfare rights or maybe a local mental health organisation. They can also write supportive evidence showing good cause for the delay in replying and appealing.

No one can tell you whether the decision is right until they have read the paperwork. Debt advisers can also assist with repayments and discretion to recover any money owed.

tomtom256

Only down fall is that the claim is closed so regardless of appeal process, any new claim will be to UC if you want your housing costs covered.

jetplane

I believe if the decision is appealed the housing benefit claim can be reopened, paid and backdated, negating the need for a new claim.

However this depends on whether the evidence supports an appeal.

tomtom256

Yes true, but it will be a late appeal so may not be accepted and may also need to go to an appeals court which could further hinder any potential award whilst it is sorted.


If the LA believe there has been an OP and that no award exists, they will not reopen the claim and pay it until any appeal has been dealt with to prevent any further potential OP.

jetplane

I agree, however the OP asked if there was any way she could appeal. I think there is but it’s not straightforward which is why I suggest a professional adviser look at the whole of the circumstances. They should have the knowledge and expertise as to whether there was a genuine claim or case.

The case could also be expedited if eviction was imminent and claimant has severe mental health illness.

If there’s no merit in the appeal I think having an adviser would also help the OP through the UC claims process.

Crazydennie

Thanks for your replies. HA have already taken me to court and obtained a suspended Order, that will allow them to evict me if I don't pay my rent so I am prioritising this over everything else. We have agreed that I will pay my arrears (from when the claim was suspended) at the rate of £15pm + Rent. This info has been really helpful as I didn't even think I could appeal at this stage. I know no one can advise if the appeal would be successful but this gives me hope and some direction as to where to turn.

Alice_Holt

You may be able to get further advice from Shelter.
https://england.shelter.org.uk/housing_advice