Made to Claim Universal Credit - HB Stopped

KCJA1989

Hi all,

I was wondering if somebody could clarify this for me.

I work a minimum of 15 hours per week, though my hours can range anywhere above that regularly. While claiming Housing Benefit, I email my payslips to the council on a weekly basis to make sure I am claiming the correct amount of HB for that particular week i.e. a 15 hour week - full HB, a 30 hour week - reduced rate of HB etc. 

I had a week recently where I worked 41 hours. I knew that I would not be eligible for any HB payment for that week. The next week, I worked my contracted 15 hours, I knew that would be a full HB week. However, the claim was stopped after the one week in which I worked 41 hours. I was told to fill out a form due to the "change in circumstance" - though the HB reference was still the same. I have since received a letter stating that "this local authority can no longer accept claims for Housing Benefit" and that I must claim Universal Credit. Is this right? The claim reference is the same, I literally had one week where I could not claim any benefit (even when I've had heavier weeks such as 35+ hours, I've claimed minimal benefit and have never had this problem). 

Obviously, if this is correct I'll have to suck it up and claim for UC. I was just wondering if anybody far more intelligent than me could answer!

Thanks so much. 

poppy12345

The week your earnings took you over the amount in which you were entitled to HB meant that it stopped for that week. As no new claims for HB are possible, unless you're claiming a severe disability premium in another benefit. Then yes you will need to claim UC.

Alice_Holt

I'm not sure about this. Certainty if there was a permanent increase in wages, your HB would stop.
But for a temporary increase in income, I would have thought your HB claim could have been suspended (rather than ended) for that week. I found this:
https://england.shelter.org.uk/housing_advice/benefits/how_to_deal_with_changes_to_your_housing_benefit/how_a_change_affects_your_housing_benefit
(Steps 2 and 3).
There are posters on here who know more than I do on HB, so they may spot your post if you Edit the title to refer to HB stopping.

Before claiming UC (which will certainly end HB and any other means tested benefits - Tax Credits?), I would get advice. Shelter have a phone helpline, or try your local advice agency.
https://england.shelter.org.uk/get_help
You need also to do a benefits check to see if you could be worse / better off under UC than your existing legacy benefits.
https://www.gov.uk/benefits-calculators

Because claiming UC will leave you with a 3 week gap in rental support (HB should run on for 2 weeks, UC has a 5 week wait); I'd take the decision to end your HB (rather than suspend it) up with the council. Shelter may be able to give you some pointers on what to write (should they confirm the council have been to eager to close your claim). Some councils are very slow to respond, so write to your ward councillors, set out the problem and ask them to raise it with the council's head of revenue and benefits (also cc him / her on the letter).

Presumably (if the council's HB dept are correct) you would need to reapply to them anyway for Council Tax reduction? 
I think you are right to question this.

calcotti

I don't know the answer either but found this;
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236962/hbgm-bw2-assessment-of-income.pdf
"W2.53  If the claimant’s pattern of work varies, and there is no recognisable cycle of work, or the amount of the claimant’s income fluctuates, then average the weekly income using the last

• two payments if those payments are one month or more apart
• four payments if the last two payments are less than one month apart

Note: Payments here mean the last payments before the claim was made or treated as made, or if there is a subsequent supersession the last payments before the date of the supersession.
HB Reg 29; CTB Reg 19

• any other means which will allow you to more accurately reflect the claimant’s earnings"

I would ask the council to review the decision to close the claim and ask them to average your earnings in this way. If this then brings you to a point where you are entitled to some HB (however little) you would then still have a live claim.

KCJA1989

Thanks for the replies.

It was literally a one off week. If I'd sent off a few payslips and they averaged the weeks out, I doubt it would have happened. I would have thought the claim would have been suspended but no.

In theory, we would be financially better off under UC - I'd rather not though, I'm happy with the current situation, it's much easier. 

How do I take the decision up with the council? My fear is that writing and appealing will drag on and on and I know I could apply for UC today and get the ball rolling. Who are the ward councillors? 

I've been contacted to say I need to reapply for Council Tax Reduction. My wife's in hospital at the minute so I need to wait until she's home to do that.

Thanks again, any information is valuable.

pmlindyloo

OP's previous thread shows more information:
https://forums.moneysavingexpert.com/discussion/6105980/uc-aet#latest
I do think you need some advice, perhaps from CAB, regarding this.
Since you and your wife have a child you will, presumably, be claiming child tax credits.
CAB could look at your pattern of hours and see whether you would also be entitled to claim working tax credits. 
If you are eligible for working tax credits then this might mean that you would not be better off on Universal Credit. Your monthly income under Universal Credit would vary considerably since your earnings are so variable.  This might be difficult for budgeting.
CAB could also help re: the cessation of housing benefit.

KCJA1989

I'm going to go down to the council now and see if they could average the earnings. It is literally one week ever, the only week I've ever worked enough hours to be over. 

I'll try to talk to CAB too. We do receive Child Tax Credits - don't want to stop doing the legacy benefits if possible. 

Thanks again for all of the replies. If anybody has any other information, please share! 

Alice_Holt

Re Councillors:
https://www.gov.uk/find-your-local-councillors

KCJA1989

Just a quick update.

I went down to the council and spoke to a colleague. I explained to her the situation and that is was a "freak week". I was told to fill in a "Reconsideration Form" - in which I asked for the payslips of February to be averaged out due to the circumstances surrounding it (I don't have my payslips to hand, but I know for a fact two of the other weeks are 15 hour weeks). I was told I would be sent a letter with the decision within a week. I don't know if anybody has had dealings with this sort of thing before - is there any chance or am I wasting my time?

Thanks again. 

calcotti

UCKCJA1989 said:

 I was told I would be sent a letter with the decision within a week. I don't know if anybody has had dealings with this sort of thing before - is there any chance or am I wasting my time?

Provided you can afford it, waiting a week to see if you do get a response doesn't seem too bad.
To be clear what you are seeking is a Reconsideration of the decision to close your HB claim on the basis of one week's wages. Where wages fluctuate the guidance provides for wages to be averaged as per the guidance I referenced earlier.

May be worth doing a benefit check to see if you are better off on UC or as existing with tax Credits and HB. If you were on you wouldn't have to keep providing payslips because your earnings would (all being well)  be reported to DWP via HMRC and your monthly UC calculated accordingly.

KCJA1989

I've been in touch with our local housing association regarding everything, they know what's happening so I don't think there'll be too much trouble from their end - I'll wait out the week but I'm not holding my breath. 

Yes, a reconsideration on the closing of the claim is what I am seeking. The problem is the council have been going off each weekly payslip for my claim - it has been easier, until now. 

The benefit check I have done previously has indicated that we would be better of on UC, it's just a daunting prospect and I don't fully trust the scheme. It does seem easier with the earnings being direct to DWP, I admit, the fear is that if I don't earn enough in a certain period, the repercussions on our household.

I have explained the exceptional circumstances in the reconsideration claim. The only reason I had the abnormal number of hours that week was that I got trapped in a service lift for several hours, of which I was paid, perhaps inconveniently. In addition to this, my wife was rushed in for a caesarean section yesterday when we found out about all this, literally couldn't have been worse timing for this to land! Whether or not they take any notice of this when making the decision, or indeed, pity, is another matter. 

Thanks.