Housing benefit tenant.Due to property repairs,will be away for months. Will HB Stop?or UC transfer?

calcotti

poppy12345 said:

I don't know the answer to this but it needs to be pointed out because the post above is extremely difficult to read and @calcotti may have missed it.

The person claims SDP, if they went to live with family and they weren't claiming a qualifying benefit such as PIP daily living/DLA mid/high rate care or Attendance Allowance, would the SDP then end? or would it continue because of living temporary with family?

I did overlook that. You are absolutely correct. If OP goes to live with family and that is their normal residence they will lose the SDP in their ESA (unless all the other adult family members are in receipt of a disability benefit). If on the other hand the HB claim was maintained then I think it is arguable that the flat being repaired is still their normal place of residence and they can still be treated as living alone and therefore the SDP is payable. 
There's a lot of areas for argument with decision makers in all of this. OP, there seems to be a bit of a question mark over how long the repairs will take. Much as you may not wish to, if you want to keep HB rather than switch to UC you may be better finding another place to rent.

katesheet

Thanks you Poster_586329, Calcotti and Poppy_12345.

The tenant does not my want to switch over to UC.
The tenant wants to keep this HB as it is, and dies not want to lose the sdp.
They don't want to reapply for anything, so to be simple they want every I'm coming payment to be the same (hb) for the next 6months +.

Calcotti and Poppy, the thought of keeping this quiet from the HB team, and keep on receiving the HB and giving it to the landlord, even in the months when the tenant is absense for months (with family) do you think this option is fine / do you both approve of it ?

For simplicity and the tenant not to swich/or stop getting anything 

Secondly can the 13 week absense rule apply to the tenant in this situation ?
(Even though it is not on a holiday )


And thirdly if they apply this13 week rule do the HB team gave to be notified  or they dont have to be told ?
Cheers xxx

poppy12345

As advised by calcotti in a previous post, it's either 8 or 13 weeks. They shouldn't just avoid telling them because there could be questions asked if their council found out they weren't living at the property.

If they haven't moved back in before the end of that period the housing benefit will end and they won't be able to reclaim it.

calcotti

katesheet said: Calcotti and Poppy, the thought of keeping this quiet from the HB team, and keep on receiving the HB and giving it to the landlord, even in the months when the tenant is absense for months (with family) do you think this option is fine / do you both approve of it ?

That is benefit fraud.

poppy12345

They need to find out how long the repairs will take to complete.

calcotti

calcotti said: If OP goes to live with family and that is their normal residence they will lose the SDP in their ESA (unless all the other adult family members are in receipt of a disability benefit). If on the other hand the HB claim was maintained then I think it is arguable that the flat being repaired is still their normal place of residence and they can still be treated as living alone and therefore the SDP is payable. 

Adding to above. If tenant did move in with family and lost both HB and SDP when they find a new property to rent they could move in, inform ESA to get the SDP reinstated (assuming they are still living alone etc.) and only then claim UC. They would then be entitled to the SDP transitional element.

calcotti

katesheet said: Secondly can the 13 week absense rule apply to the tenant in this situation ?

The guidance i provided a link to gives examples of reasons for absence but then says "Absence under this rule may be for any reason". As with all benefits decisons the final decision rests with a Decision Maker.

[Deleted User]

calcotti said:

Found this in the Housing Benefit Manual https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

Landlord waives liability for payment
3.120 If the landlord waives liability for payment because the claimant is doing reasonable repair and redecoration work which the landlord would have had to do, treat the claimant as still liable to make the waived payments. In these circumstances, you cannot pay HB for more than eight weeks for any one period.

I wonder how important it is that this clause describes the claimant as being the one who carries out the work.   It describes a situation where the benefit claimant carries out work for the landlord in lieu of rent while still living at the property.   E.g. the tenant, who happens to once have been a painter and decorator, repaints the flat with paint that the landlord has supplied.  The landlord doesn't charge rent for the month.   

Whereas in this situation the tenant would be away from the property and a tradesman would be carrying it out.

As you say, what happens in this particular situation will come down to the judgement of the decision Maker.

I do think going to stay with family for the period (and surely it won't be anything like as long as 13 weeks to replace a boiler and repair some walls) while continuing to pay rent is the best course of action, to keep the HB claim going.   But that's just my opinion.

calcotti

Poster_586329 said:

calcotti said: Found this in the Housing Benefit Manual https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

Landlord waives liability for payment
3.120 If the landlord waives liability for payment because the claimant is doing reasonable repair and redecoration work which the landlord would have had to do, treat the claimant as still liable to make the waived payments. In these circumstances, you cannot pay HB for more than eight weeks for any one period.

I wonder how important it is that this clause describes the claimant as being the one who carries out the work.   

That's a good spot - I overlooked that. It's obviously crucial and clause would not apply if landlord is carrying out the work. Apologies for misleading OP.

Poster_586329 said: I do think going to stay with family for the period (and surely it won't be anything like as long as 13 weeks to replace a boiler and repair some walls) while continuing to pay rent is the best course of action, to keep the HB claim going.   But that's just my opinion.

I read OP's post to mean that the problem is that landlord is not in a position to start the work for a while which is why it is likely to be so long. If that is the case it all seems very open ended.

pmlindyloo

I think this may cover it:

Claimant leaves normal home while essential repairs are done 3.390
 HB can be paid to a claimant who has had to leave their normal home while essential repair work is done. An essential repair may be, for example, structural work or re-roofing. If the claimant is liable to make mortgage interest payments or rent for either the temporary home or the normal home, treat the claimant as occupying the home they are liable to make payments on. 3.391

 If you consider the claimant does not have to move out, treat the home being repaired as the normal home. HB Reg 7 3.370-3.391

HB/CTB Guidance Manual July 2009 Amdt 19 A3 - Liability to make payments and occupying the home 3.392
If there is a liability to make payments for both the temporary and normal home • treat the claimant as occupying their normal home, and • do not pay HB for the temporary accommodation 3.393 If, however, the liability to make payments on the normal home is waived for the period of vacation, for example, the mortgage payments are suspended, then you may consider HB for the rent paid on temporary accommodation.
I'll post the link for this quote.
hbgm-a3-liability-to-make-payments.pdf (publishing.service.gov.uk)
3.390