Housing Benefit and PIP

Battlezone

My son was awarded PIP in September 2018 Enhanced Care Component. DWP, for reasons they only know, decided my son's award would end on his 18th birthday and he would have to reapply. His payments were completely stopped on 28 March 2019. Despite being given a review date of September 2022. After a long fight, and another PIP form and f2f attended, DWP have reinstated his original claim. The new claim they made him complete has now been cancelled. A long road of corresponding but pleased it is all over.

My question is housing benefit. He moved into temporary accommodation on 27 May 2019 provided by Fareham Council and he receives housing benefit. Fareham Council told him back in May 2019 that - Your weekly Housing Benefit award is £61.30 from 27 May 2019. This leaves you with rent of £57.82 per week to pay.

I know very little about housing benefit but from an online calculator, because his PIP is Enhanced Care Component, his housing benefit should cover most of his rent. But as his PIP has been reinstated from 28 March 2019, this means that since he moved into temporary accommodation and started paying rent, he has overpaid.

The DWP have apologised numerous times about their error and how my son's case was dealt with, and it is their fault that he has been receiving the incorrect housing benefit.

Do you think that the Council will refund him the overpayments he has made on his rent since 27 May 2019. I have written to them but have not received a response yet. Does receiving PIP enhanced care component effect Council Tax. He is in a band A property and receives the 25% single occupancy.

Thanks for any help/advice.

calcotti

PIP will not affect the basic Council Tax Liability. However it may affect the Council Tax Reduction available depending on the rules of the local authority which would in turn affect the amount payable.

The Housing Benefit should be recalculated all the way back to the reinstated PIP award and any money due paid to your son.

Alice_Holt

If the council prove difficult, it may be useful to get his ward councillor involved.
Shelter may be able to give him / you some info re the legislation that could help in any dispute with the council: https://england.shelter.org.uk/get_help

I would agree with calcotti that following the reinstated PIP, HB should be recalculated.

Another possibility would be a maladministration claim for consequential financial loss on the DWP.
https://www.whatdotheyknow.com/request/how_do_i_make_a_claim_for_financ#incoming-1297296
Definitely get your MP involved if this is what you need to do!