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Universal Credit - Housing Element
andreaj1
Posts: 17 Forumite
Hi everyone
I volunteer for a charity and we are currently trying to help someone who is claiming Universal Credit. Basically, they paid their rent at the beginning of the month but the landlord (housing association) had already applied to have rent paid directly to them. As this request went through in the same month the rent was paid twice for the particular month). This has left the person with no UC as they were relying on the housing element for income having already paid the rent. She has already asked for both UC and housing association to refund the money but both are refusing (I think there are rent arrears). Does anyone know if she has any rights re this or she can challenge in any way? Many thanks, Andrea.
I volunteer for a charity and we are currently trying to help someone who is claiming Universal Credit. Basically, they paid their rent at the beginning of the month but the landlord (housing association) had already applied to have rent paid directly to them. As this request went through in the same month the rent was paid twice for the particular month). This has left the person with no UC as they were relying on the housing element for income having already paid the rent. She has already asked for both UC and housing association to refund the money but both are refusing (I think there are rent arrears). Does anyone know if she has any rights re this or she can challenge in any way? Many thanks, Andrea.
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Comments
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UC won't be able to refund the money if the HA made a legitimate application to have housing costs paid direct to them. Guidance for this is at https://www.gov.uk/government/publications/universal-credit-alternative-payment-arrangements/alternative-payment-arrangementsIt would be up to the landlord to refund any payment.
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The landlord may be prepared to make a partial repayment if the situation has left the client without money for food and energy. I think is worth asking the HA to do this as they can do so quickly enough to avoid some hardship.
The client might also ask for a hardship loan via UC, although this will reduce future UC payments.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.1 -
If there is a shortfall between the UC housing element and the rent, claimant may be able to get a Discretionary Housing Payment from the local authority. This could help future cash flow for a period. https://www.gov.uk/government/publications/claiming-discretionary-housing-paymentsInformation I post is for England unless otherwise stated. Some rules may be different in other parts of UK.1
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Rent arrears?
- All land is owned. If you are not on yours, you are on someone else's
- When on someone else's be it a road, a pavement, a right of way or a property there are rules. Don't assume there are none.
- "Free parking" doesn't mean free of rules. Check the rules and if you don't like them, go elsewhere
- All land is owned. If you are not on yours, you are on someone else's and their rules apply.
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At the housing association there is sometimes a financial inclusion officer that they can be referred too, they might be able to help in the short term in regards to food banks etc.
What happens with UC is although let’s says the claimant gets their payment on the 2nd the HA physically does not receive their portion until 12 - 14 or so days later so it the deductions may not have even reached the HA yet in any event.
With regards to the rent arrears they must be around the 2 month benchmark as that’s usually when the HA can make an application to UC for the deduction of arrears so it seems unlikely (though I’m very happy to be proven wrong) they’d want to offer some money back even if it does mean the tenant will struggle for the foreseeable future. Each HA will have their own policies regarding this though.1 -
Thank you everyone for all your help.0
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