Made to Claim Universal Credit - HB Stopped

Alice_Holt

If you want to remain on legacy benefits, then I still think asking for your councillors help (telephone call?) is worthwhile. It should focus the mind of the employee if a councillor has intervened on your behalf, and may help get a correct decision made.   

KCJA1989

I had a look on the website you provided earlier, entered my post code and the link I was given was a web page not found. I had a look on Google for an alternate and found a website with a lot of councillor details for my town but wasn't sure who to get in touch with and what to say. 

calcotti

KCJA1989 said:

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 

As an extraordinary circumstance that takes some beating!

KCJA1989

I know! And I swear it's 100% true. 

If they'd continued to average out payslips over five weeks like they used to or the lift hadn't got stuck or I had taken the hours back instead of being paid I wouldn't be in this situation! You couldn't write it. 

KCJA1989

Sorry, another question.

This week, while I am waiting for the verdict on the reconsideration, if it is turned down, will I be able to backdate the UC claim to the date my HB claim was stopped? The thought occurred to me last night - I don't have the funds available to make up the shortfall in the rent between the date the claim stopped (I'm not even sure on that particular date) and the date that I would have to apply for UC. 

Hopefully the reconsideration is successful but just thought I would ask.

Thanks a lot!

Alice_Holt

No, UC can't generally be backdated.
The UC first scheduled payment comes 5 weeks after you apply (see my earlier post about a possible 2 week HB run on - but I'm unsure if this applies if your HB has been ended before the UC claim.  

calcotti

Alice_Holt said:

..see my earlier post about a possible 2 week HB run on - but I'm unsure if this applies if your HB has been ended before the UC claim.  

I can't see that the HB two week run on can apply because there isn't an HB award in place.

Maximum backdating of UC is one month but only with 'good reason'. Waiting for a decision about housing benefit will not be considered 'good reason' - such things as being unwell or dealing with family emergencies are what are it is aimed at.

KCJA1989

I'm not sure when the HB claim actually ended. The last calendar payment from the council to the housing association was 03/02/2020. The following week's payslip was the one that closed the claim (dated 07/02/2020). We didn't receive a letter (whihch was dated 07/02/2020) until Monday just gone (17/02/2020). We immediately went down and were told we had to fill in a "change of circumstance" form - UC was not mentioned to us. We then received the letter telling us "this local authority can no longer accept claims for Housing Benefit" on Thursday (20/02/2020), I didn't open these letters until the night because my wife was giving birth at the hospital. 

So, by my calculations, we have paid rent for the week of 10/02/2020 (I paid this the Friday prior in full because I knew I wouldn't be receiving any HB for that week, the same with the CT), but for the week of 17/02/2020 and onwards there is no HB or UC claim in place. I don't know what to do with that, any suggestions would be appreciated. How long do I wait for the council to make their decision? When do I make the claim for UC (assuming the council will reject the reconsideration)? Am I right in thinking there is no support available for my family between the dates of the final HB claim and now - that doesn't seem just to me, considering for this period I am supporting my family on my wage of 15 hours per week, I don't see how I can pay the rent for that week without support on that wage - it seems ludicrous. 

Thanks for all of the help. 

Spoonie_Turtle

I can't remember if anyone has mentioned a Discretionary Housing Payment in the thread - I'm not sure who provides that, but given the circumstances it would be worth applying if the reconsideration is unsuccessful.

Alice_Holt

How long do I wait for the council to make their decision? When do I make the claim for UC (assuming the council will reject the reconsideration)? Am I right in thinking there is no support available for my family between the dates of the final HB claim and now - that doesn't seem just to me, considering for this period I am supporting my family on my wage of 15 hours per week, I don't see how I can pay the rent for that week without support on that wage - it seems ludicrous. 

    Sorry to repeat myself.
    But this is why I (in your place) would have got the involvement of my Councillor. 
Getting a Councillor on your side is much more likely to result in a quicker and a correct decision.
Not all MR's will give you the correct legal decision - many just rubber stamp the first decision; to repeat myself - the involvement and scrutiny of a Councillor will improve the council's MR decision making process.

It seems the best outcome for you presently is to get that HB stoppage reversed, and  HB back in payment for coming weeks.
If you then do decide on a planned move to UC (after an accredited benefits check), then have a reserve fund build up to cover the gap and the weeks in which no housing support is paid.
Without a reserve fund you are likely to accrue rent arrears, and reduced UC future monthly payments if you need to access a UC advance. 

A further potential difficulty with UC (apart from the 5 week gap) is that the tenancy agreement needs to be presented to, and correctly processed, by the DWP for housing costs to be included in the first UC payment. There are, I understand, some cases where the DWP have made errors / lost tenancy agreements. 

A DHP request (which is made to the council) is likely to be refused, as the HB claim has (according to one council official) ended, and there is no current UC claim paying housing costs. 
There has (I think) to be a claim (HB or UC) for a DHP to be awarded.