Lost Housing Benefit and Council Tax Support despite witdrawing an application for Universal Credit.

KatrinaWaves

theorville wrote: »

The Council provided with an incorrect information in their decision. It was not possible to apply for Income Support anymore (like they advised), only UC. So they did mislead by giving outdated and thereofre incorrect information.

No they didn't

Getting hung up on this (incorrect) point is not going to help anyone. You need to look at things which CAN help your friend.

The council gave a generic list of benefits which your friend MAY have qualified for, and would not have affected their housing benefit. Your friend did not apply for those benefits listed, they applied for something totally different.

calcotti

If the claimant makes a valid claim for UC then Housing Benefit ends. Making a valid claim is not the same as qualifying for an award. To make a valid claim only basic conditions have to be met as referred to in the CPAG article. Once the UC claim was made the local authority were legally required to end the Housing Benefit claim and it cannot be reinstated.

Without more information it is not possible to know why the CTR claim ended as this is completely separate from UC (or HB).

theorville

They should not have provided with information, which is incorrect. It was not possible at that time to apply for Income Support by anyone there (that benefit is not available to any new applicats), so why did they put that incorrect information in the decision? That information misled the claimant, who wanted to apply for Income Support, like they advised in the decision, but couldn't because it was not possible to apply for that benefit anymore. If they provided in the decision updated, correct information (that the claimant may apply for UC and it will affect HB) then the claimant would have not applied for UC.

theorville

I believe the application was submitted in April or so and the withdrawal was over half a year later or so.

theorville

calcotti wrote: »

Once the UC claim was made the local authority were legally required to end the Housing Benefit claim and it cannot be reinstated.

What is the legal, statutory basis for this, and what is the rationale?



It seems that the rationale to end HB when UC is awarded is because UC has an HB equivalent component, so this is done to prevent people from getting yet another money to help them for the same thing. So when someone withdraws his UC application that rationale cease to exist. There is no more any reason not to continue paying the previous benefits - they constitute acquired rights, so their payment cannot be refused just like that without any good, legal reason.
So what are the legal grounds and what is the rationale to stop paying old benefits when not acquiring new benefits?

calcotti wrote: »

Without more information it is not possible to know why the CTR claim ended as this is completely separate from UC (or HB).

Unfortunately the decision does not answer that question. There was provided no legal basis for the decision.

calcotti

theorville wrote: »

What is the legal, statutory basis for this, and what is the rationale?

It seems that the rationale to end HB when UC is awarded is because UC has an HB equivalent component, so this is done to prevent people from getting yet another money to help them for the same thing. So when someone withdraws his UC application that rationale cease to exist. There is no more any reason not to continue paying the previous benefits - they constitute acquired rights, so their payment cannot be refused just like that without any good, legal reason.
So what are the legal grounds and what is the rationale to stop paying old benefits when not acquiring new benefits?.

The fact is that the law has abolished new claims for Housing Benefit. Once a claim has been closed the only way back is to make a new claim but this is not allowed (except in a few exceptional circumstances defined in law). Harking on about rationale is irrelevant. The fact is that help with rent costs for new claims is now made through Universal Credit not Housing Benefit.

You need to look at why the UC claim has failed to see whether the decision is correct. If nothing has changed I would expect in most cases someone who would be entitled to HB if it was available to also be entitled to UC.

NeilCr

calcotti wrote: »

The fact is that the law has abolished new claims for Housing Benefit. Once a claim has been closed the only way back is to make a new claim but this is not allowed (except in a few exceptional circumstances defined in law). Harking on about rationale is irrelevant. The fact is that help with rent costs for new claims is now made through Universal Credit not Housing Benefit.

You need to look at why the UC claim has failed to see whether the decision is correct. If nothing has changed I would expect in most cases someone who would be entitled to HB if it was available to also be entitled to UC.

The claim was withdrawn as far as I can see. It didn't fail. It is a bit confusing, though, so I may well be wrong!

To me, the best thing now would be to make a fresh UC claim (I am not entirely sure what the claimant is living on?) but I'd get some help from CAB to ensure all is being claimed that can be and to have a look at the old paperwork.

calcotti

NeilCr wrote: »

The claim was withdrawn as far as I can see. It didn't fail. It is a bit confusing, though, so I may well be wrong!

To me, the best thing now would be to make a fresh UC claim (I am not entirely sure what the claimant is living on?) but I'd get some help from CAB to ensure all is being claimed that can be and to have a look at the old paperwork.

Reading opening post again I am unclear whether UC was not awarded because it was withdrawn or withdrawn because it was not awarded (which was the way I originally read it). Either way, once a valid claim is made, even if not determined, the law requires the closure of existing income based legacy benefit claims (other than CTR) and precludes new claims for them.

Unfortunately the posts are more concerned with the perceived injustice than they are with the claimant circumstances which would allow comments on whether they have an ongoing benefit entitlement (UC and CTR) or not.

I completely agree with your second paragraph.