Income support stopped

calcotti

You have an existing Housing Benefit claim. As advised in an earlier reply (#6) you should contact your local authority and inform them of your situation. You will have lost your automatic entitlement to HB through IS but if you give full details of your financial situation to your local authority they should recalculate your entitlement based on your means. This is a change of circumstances which does not end your HB entitlement. My advice is to do this ASAP, your local authority will become aware that IS has stopped and if they close your claim it may not be possible to get it reopened.

Alice_Holt

dawnyp72 wrote: »

Hi all. Update; I have just spoken to welfare rights, they agree that the income support should not have been closed and are going to submit a complaint and also ask for an MR in case the complaint is not successful. BUT... now I have a new problem! He seemed to think that because I am not currently in receipt of IS that my housing benefit could stop! So my question is, do I have to be on IS to qualify for HB until this is sorted out I am getting carers allowance and child tax credits.
I can’t not pay my rent so if HB stops I will have to claim UC. Looks like they’ve got me by the you know what’s.

As calcotti says complete a nil income form at your Housing Benefit Dept asap for your HB to continue. I presume you haven't had a letter from them suspending HB (due to erroneous closure of IS)

Are you intending to give the DWP a time frame on the MR, after which you will escalate to a pre- action JR letter?

dawnyp72

I had a letter from HB a couple of weeks ago saying that they noticed my IS had stopped and asked me to confirm what my income now was. At the time I was expecting IS to start being paid again so I told them this. I then received a notification letter awarding me HB. Looking at the letter again I notice it says I’ve been awarded because I claim carers allowance?? Welfare rights are putting in a complaint AND an MR but no timescale was mentioned. They then called back to say I might be better to claim UC because my HB might be stopped but are still putting in the complaint.. I really hope that makes sense :mad:

Alice_Holt

dawnyp72 wrote: »

Welfare rights are putting in a complaint AND an MR but no timescale was mentioned. They then called back to say I might be better to claim UC because my HB might be stopped but are still putting in the complaint.

As the DWP decision is incorrect, you need to continue with the MR / appeal process in any case. (You want a back payment for the period your IS was stopped).

dawnyp72

Thanks Alice. Yes that’s what is happening. I have just got in and checked the HB notification dated 14/11/2019 and it DOES say ‘I have worked out your housing benefit again because carers allowance is in payment’ so I don’t know if that’s what entitles me to it or if they are still expecting IS to start being paid again. If I can still get HB whilst I dispute the IS closure I will hold off applying for UC but nobody seems to know.

dawnyp72

I have also done another online benefit calculation stating that I don’t get income support and that said I should get HB

Alice_Holt

dawnyp72 wrote: »

If I can still get HB whilst I dispute the IS closure I will hold off applying for UC but nobody seems to know.

You should be able to do this and retain HB.

I would suggest ensuring the HB dept are aware of your situation, and responding instantly to any HB letters. Keep copies of your correspondence you send to them, which explains your situation (and that IS has not stopped due to increased income / finding a job etc), and your current change of circumstances. Detail your current income (and maybe enclose a copy of the MR).
The HB dept should not end a HB claim without first suspending it, and requesting information from you about any changes. So, keeping in touch with them (and documenting that) should enable the HB to continue.

I do think giving a time for the DWP to respond to your MR (with the next stage as pre-action JR letter) is the way to go. That way it should be resolved within 5 weeks (3 for MR, 2 for pre-action JR letter); coincidentally the waiting time for UC.

A JR letter is appropriate as it's not a matter of judgement, it's an incorrect decision which needs to be rectified asap. Do point your Welfare Rights team to that CPAG website. They can also call CPAG and speak to the project manager - https://cpag.org.uk/welfare-rights/judicial-review.
It's a powerful tool for Welfare Rights to use in circumstances like yours.

dawnyp72

Another HB notification letter today. Change of circumstances because my IS has ceased but no change in the amount because it is calculated on my income from carers allowance.