Housing Benefit during mandatory reconsideration

Catlover64

Hi, could someone please tell me if you fail your esa assessment and your esa is stopped and you want to appeal, can you receive housing benefit on nil income and no savings while the mandatory reconsideration is underway? I phoned HB to be told NO and that I would have to claim universal credit and I don't want to as I want to appeal the decision and if I go on universal credit then I cannot go back onto esa pending appeal. Please does anyone know if I should be able to have my housing benefit paid whilst under mandatory reconsideration? Thanks.

Alice_Holt

Yes, you should be able to do this for an existing award.

If your council prove difficult involve your ward councillor, & get advice from your local CAB.Training on benefits is often poor in councils. Your CAB or Shelter should be able to give you the relevant HB regs to quote at your council.
https://england.shelter.org.uk/get_help

Keep notes on telephone calls / keep all letters etc should you need to document maladministration.

If the MR proves unsuccessful, and you appeal to the Tribunal Service - you can have your ESA payments resumed (at the assessment rate) pending the hearing.

calcotti

To be clear.
If you were already getting a HB you are entitled to have the award continued but recalculated on the basis of nil income.
If you were not getting HB you cannot claim it because new claims are not allowed.

Catlover64

Yes they are trying to say that I would need to claim Universal credit in order to get housing benefit paid. Would you know the reg's by any chance? Shelter and CAB are so hard to get hold of!

WhenIam64

Yes they are trying to say that I would need to claim Universal credit in order to get housing benefit paid.

Totally wrong as you get Housing Element with UC and not HB. Follow the advice above.

Its ESA + HB + Council Tax Reduction. HB + CRT comes from council. ESA comes from DWP

Its UC + Housing Element + Council Tax Reduction.UC + HE comes from DWP. CRT from council

Catlover64

Thank you. Could anyone please quote me the regs that I can throw at my council?

calcotti

OP, could you please clarify whether or not you were already getting a HB?

Catlover64

Yes I was already getting housing benefit.

calcotti

Catlover64 wrote: »

Yes I was already getting housing benefit.

In that case the situation is that you have an existinghousing benefit claim. You have had a change of circumstances. The council should recalculate your entitlement because of the change. This does not require a new application for housing benefit. The only thing that will end your HB claim, as you are obviously aware, isif you claim UC.

It is difficult to quote legislation because the legislation around UC etc is about barring new claims for legacy benefits which therefore pushes people towards UC. The legislation does prevent people confusing with existing claims but this isn’t explicitly stated because it doesn’t need to be.

I have found this guidance https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2018/a72018-universal-credit-full-service-areas-guidance-for-local-authorities but it doesn’t address your exact situation.

Catlover64

Yes I was.