Benefits Advice

Roundhay23

I am trying to help a neighbour. He doesn't speak very much English so it is difficult to be sure what exactly has happened but it seems that he was receiving Employment and Support Allowance(not sure which group he was in) and Housing Benefit. Earlier this year he became very depressed and was offered an extended six week holiday in the USA paid for by a relative who lives there .My neighbour says that before he left he told Housing Benefit and ESA that he would be away for six weeks. He said that he was told that his Housing Benefit would continue to be paid.

When he came back his Housing Benefit and ESA had stopped. He went to see someone from a local advice agency for help and they requested a Mandatory Reconsideration for both of these benefits. Last week my neighbour found out that the Mandatory Reconsideration for Housing Benefit wasn't successful and he has now been helped to submit an appeal. He hasn't heard yet about the ESA. The adviser that he saw suggested that he could apply for Universal Credit but he is worried about doing this in case it affects his Housing Benefit appeal and ESA Mandatory reconsideration. He is not receiving Personal Independence Payment although the advice worker suggested he apply for this. I have offered to help him apply for PIP but he is reluctant as he thinks that it will effect his Housing Benefit appeal.

I am worried that he is going to lose the Housing Benefit appeal and is going to be left with a large amount of rent arrears. Currently he has no income and as he has no savings he is being supported by another relative. I am looking for some advice on what his options are,

poppy12345

I'm not sure why he was told he could continue to receive benefits while being out of the country for 6 weeks because they are only paid for 28 days, unless you're having medical treatment and then this can be extended.



As all areas are now a full UC area, even if he won the Tribunal he wouldn't be able to re-claim ESA or housing benefit because they no longer exist and it will be UC he will need to claim.



If he claims UC and the Tribunal decision goes in his favour he will be backdated all the money that's owed to him. Whether or not he wins the Tribunal will totally depend on his reasons for traveling abroad for 6 weeks, if it was for a holiday then i wish him good luck.

Roundhay23

Thanks for your reply. I am not sure whether he was told that he could continue to claim benefits whilst he was away I think that he may have misunderstood what was said to him. As his English is poor he sometimes doesn't understand what is said to him. Do you know if the council will put any action in regard to his rent arrears on hold until the appeal is heard ? He is a council tenant? He is very reluctant to claim Universal Credit as has become very focused on getting his old benefits back although I have tried to persuade him that this is very unlikely to happen.

poppy12345

His landlord (local council) may start action because of the rent arrears.


He will not be able to reclaim ESA or housing benefit even if he wins the Tribunal because it's no longer possible to start a new claim for either of those, unless you claim a severe disability premium, which he doesn't claim.


He will need to claim UC going forward and if he wins the Tribunal then he'll be backdated the money up until he claimed UC.

calcotti

I don’t see how he can win his appeal anyway if he went. Holiday and was out of the country for more than 28 days. In these circumstances neither ESA or Housing Benefit are payable. I believe neither are payable for any of the time abroad if the intention was always to be away for more than 28 days. If the intention was to return within 28 days but there was a delay then they can be paid for 28 days - but that doesn’t seem to apply in this case.