Universal Credit - Housing costs & Untidy tenancies.

Simon7685

My wife left in December and as a result I have been forced to claim UC which has been nothing short of a nightmare from day one. My housing association have been really good helping me out with advice about the housing cost element.
They explained about my tenancy now being classed as untidy as it is in joint name, which technically means UC may only pay 50% of my rent. I was horrified at that being the case. They supplied me with a letter for UC stating when my wife left and that from that date I was responsible for paying 100% of the rent each week.
I have asked UC to confirm if they will pay my full housing costs and 3 weeks later they are still not telling me. My assessment period ends 6th Feb and at present it just seems to be one big mess as to what they are going to allow me including the child element and carer element.
To say I am worried is an understatement!
Anyway back to housing costs and untidy tenancies, I read somewhere that there is guidance and/or legislation for decision makers to allow full housing costs when a letter has been provided stating that the other tenant on the agreement has left. However having found it once I can't find it again.
Apparently some decision makers are not aware of it and I have been told to add it onto my claim via the journal for their attention.
So if anyone can point me in the direction of it I would be grateful.

As for the untidy tenancy my housing officer is looking at how they can change the tenancy for me but under their rules it is not just a straight forward thing. Why things need to be so complicated nowadays is beyond me but there we go.

Overall I just think UC is a car crash waiting to happen, it is anything but straight forward and simple. People in my JC Plus don't seem to know what they are doing and what they tell you is contradictory to what the processing centre tell you. Different people at the centre give conflicting things on the journal etc etc.
If the people who administer it can't do it what hope do the claimants have!

Thanks in advance

calcotti

http://data.parliament.uk/DepositedPapers/Files/DEP2017-0556/68_Housing_Costs-_joint_tenancies_v4.0.pdf

Indicates discretion within UC to take full rent into account.

The guidance is here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720527/admf3.pdf

I think what you are looking to is clause F3267 which says "In cases where F3266 would apply and the DM is satisfied that it would be unreasonable to determine the amount S in accordance with that paragraph, the amount in F3263 3. will be apportioned appropriately"
This simply means that DWP have discretion.

Note that regardless of your actual rent the maximum help you can get will be restricted to the Local Housing allowance for the number of bedrooms you are allowed and your postcode https://lha-direct.voa.gov.uk

pmlindyloo

I think it is also covered here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/754947/admf2.pdf

F2089


Failure to pay by the person who is liable
F2089 A claimant is treated as liable1 to make payments where
1. the person who is liable is not making payments and
2. the claimant has to make payments in order to continue to live in the accommodation and
3. the claimant’s circumstances are such that it would be unreasonable to expect them to make other arrangements and
4. it is reasonable to treat the claimant as liable to make the payments.
1 UC Regs, Sch 2, para 2(1); 2, para 2(2)

Simon7685

Thanks very much guys that is a big help, I knew I should have bookmarked it when I first found it. I have spent 3 days trying to re find it.
Also thank you for info re LHA I was not aware of that, I thought it was only the private sector that LHA rates applied to, so that is another thing I have learned.

The whole UC world is an absolute nightmare, I thought it was supposed to be easier than legacy benefits but it certainly isn't in my case. I feel so sorry for people who find it difficult to understand and work things out. I am compiling a dossier and once everything is sorted out I intend to send it to Amber Rudd detailing where and why this system is not fit for purpose. I don't expect it will make any difference or that she will even read it but I do think people need to highlight all the problems and the unfairness of the system.

Simon7685

A bit of good news at least, my LHA is £103.56 a week and my rent is £96.15. One less thing to worry about.

calcotti

Simon7685 wrote: »

Thanks very much guys that is a big help, I knew I should have bookmarked it when I first found it. I have spent 3 days trying to re find it.
Also thank you for info re LHA I was not aware of that, I thought it was only the private sector that LHA rates applied to, so that is another thing I have learned.

The whole UC world is an absolute nightmare, I thought it was supposed to be easier than legacy benefits but it certainly isn't in my case. I feel so sorry for people who find it difficult to understand and work things out. I am compiling a dossier and once everything is sorted out I intend to send it to Amber Rudd detailing where and why this system is not fit for purpose. I don't expect it will make any difference or that she will even read it but I do think people need to highlight all the problems and the unfairness of the system.

Simon. You are right. LHA rates do only apply to private sector. I posted in haste this morning and overlooked the reference in your original post to social housing. You can ignore the LHA - my apologies for confusing the issue. If you have a spare bedroom or spare bedrooms you will however have to pay 14% or 25% of your rent yourself.

Thanks to pmlindyloo for his link - that is actually the one I was looking for because it is clearer.

Simon7685

Thats ok I have done the same thing myself before when trying to answer someone.

Simon7685

So yesterday was the end of my first assessment period and in one month they had decided that the only element I was entitled to was my personal amount of £317.82.

Regards my daughter they have had her BC, a letter from the doctors to say she lives at my address and a letter from her college stating she was in full time education. Also they were aware that I had applied for the CHB to be put into my name.

Regards Housing element they have had the letter from the housing association to say I was liable to pay 100% of the rent. Apparently they have been making a decision on that since 08 January, I mean is it really that difficult?

So I wrote an entry yesterday in my journal that unless I paid 100% of my rent I would end up being evicted on rent arrears. I also quoted the regs word for word which states they can pay my full HC. As a footnote I advised them that my mental health for which I am on medication was fragile and all this uncertainty was not helping.

This morning I received notification that they have verified my daughter and I got a letter attached to my journal stating they will pay my full rent. So at least that is 3 out of 4 elements I am now going to be paid.

I have asked the question again re the carer element that I am entitled to, which they are apparently just doing some final checks on. I do not see what they can be as they seemed to have dealt with it at the start of my claim, according to what is in my journal. I provide care looking after my Mam over 35 hours a week and she receives AA which means I am not obliged to claim CA which they would take off me if I did.

So with any look things are going to be sorted out as far as UC is concerned. I rang CHB as well and they confirmed that they received my claim on 17 January. However they said that claims like mine take up to 16 weeks to be sorted out. How it can take that long is beyond my comprehension but there you go........

Simon7685

Oh I also forgot to mention, I received a final decision on my tax credits claim for April 18 to Dec 18 after calculating my profit from self employment for the period up to my business ending. Happy days they have decided that I was overpaid just under £600 for the period. Apparently though my now ex wife will have to pay half of it as it was obviously a joint claim. That is going to cause the xxxx to hit the fan, I am off to buy a hard hat from my first UC payment next week.

It makes up for the fact she has not contributed a penny towards my daughters keep since she left in December. Other than my PIP I have had no money coming in since 17 December by the time I get my UC that will be 2 months and she knows that.

tomtom256

Are you classed as a private tenant or social housing?

I ask because if you are a private tenant, have you had your housing verified. as until this is done, they will not pay any HE.

Simon7685

I am in social housing, it was all done and verified straight away it was just this business of an untidy tenancy that was causing the issue but common sense has prevailed, even if it took over a month to sort out.