Moving Home Whilst on Income-related ESA, within same LA area.

Noor711

Hello,

Just looking for reassurance and advice.

I am having to move because my landlord is selling and I rent from him with the help of housing benefit, which is passported because I also receive income-related ESA (Support Group), enhanced daily living PIP and get the SDP because I live alone and have no one caring for me.

I have heard that the SDP Gateway preventing natural migration onto UC has now closed, as of last month.  If I move to a property within the same local authority, am I right that this only counts as a change of circumstances and not a new claim and so my existing housing benefit claim will simply transfer to the new property - 1 bed LHA rate - when I notify the council of the change of address (with evidence) after moving?  Will a move within the same local authority end my legacy benefits, basically?  I have heard of councils who think that this would.  I would be worse off on UC.

The other thing is that it is incredibly difficult to secure a new tenancy with a private landlord whilst receiving housing benefit and letting agents have advised that I would need a guarantor but more likely secure a place by offering to pay the whole 12 month's term rent up front, if I could borrow that, to satisfy a landlord.  My sister has offered to loan me 12 month's rent in advance which she would pay directly to any landlord/letting agent for me and then I would repay her from housing benefit/UC housing allowance monies I would receive.  If my whole rent term is already paid up front, would the council/DWP still consider I had an eligible rent liability?  I hear conflicting things about this.

Thank you.  Any advice appreciated.

Spoonie_Turtle

Noor711 said:

 The other thing is that it is incredibly difficult to secure a new tenancy with a private landlord whilst receiving housing benefit and letting agents have advised that I would need a guarantor but more likely secure a place by offering to pay the whole 12 month's term rent up front, if I could borrow that, to satisfy a landlord.  My sister has offered to loan me 12 month's rent in advance which she would pay directly to any landlord/letting agent for me and then I would repay her from housing benefit/UC housing allowance monies I would receive.  If my whole rent term is already paid up front, would the council/DWP still consider I had an eligible rent liability?  I hear conflicting things about this.

Thank you.  Any advice appreciated.

Yes.     

poppy12345

Yes moving to the same local council will not mean a transfer to UC and you can remain on your existing benefits.

Paying the 12 months rent in advance will have to affect on your ability to claim for help with any rent because you still have a liability to pay rent.

calcotti

Noor711 said:  If I move to a property within the same local authority, am I right that this only counts as a change of circumstances and not a new claim and so my existing housing benefit claim will simply transfer to the new property - 1 bed LHA rate - when I notify the council of the change of address (with evidence) after moving?  

That is how it should be treated.

Noor711 said: Will a move within the same local authority end my legacy benefits, basically?  I have heard of councils who think that this would.  

It shouldn’t and if your local authority says you need to claim UC you should challenge them.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236953/hbgm-a4-eligible-rent.pdf

Change of address within LA area

4.1490 Any change in the award following a change of address within your area can only be dealt with as a change of circumstance and actioned as a superseding decision.

4.1491 When the claimant tells you about the move and has confirmed the date of move, treat the change of address as a change of circumstance so payment of benefit can be continuous by making a superseding decision once you have evidence of their new liability, see C6 Reconsidering, revising and superseding decisions.

You also asked

Noor711 said: If my whole rent term is already paid up front, would the council/DWP still consider I had an eligible rent liability?  

You should still be treated as liable to pay rent.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

3.160 If rent has already been paid for a future period, the claimant

• is regarded as liable to make payments for the duration of the HB claim even though payment has already been made for some or all of the period and the liability is therefore discharged, and

• will receive HB for the benefit weeks covered by the advance payment, even though no actual payments are due in those weeks. An example is when a claimant pays rent monthly in advance

Noor711

Thank you All!  

That has put my mind at rest... now to find an affordable home within my local authority 1 LHA rate and a willing landlord.  

Incidentally, if there is any part of the housing benefit regulations which makes clear that advance rent for the full tenancy term does not extinguish rent liability, I would love to know how/where to find it - in case I need to pull it out and wave it at a housing benefit officer telling me I have no entitlement.

Very much appreciated.  Thank you.

poppy12345

Noor711 said:

Incidentally, if there is any part of the housing benefit regulations which makes clear that advance rent for the full tenancy term does not extinguish rent liability, I would love to know how/where to find it - in case I need to pull it out and wave it at a housing benefit officer telling me I have no entitlement.

Very much appreciated.  Thank you.

Calcotti has posted a link and well as quoting a
specific part of the liability, please have a read.

Noor711

calcotti said:

Noor711 said:  If I move to a property within the same local authority, am I right that this only counts as a change of circumstances and not a new claim and so my existing housing benefit claim will simply transfer to the new property - 1 bed LHA rate - when I notify the council of the change of address (with evidence) after moving?  

That is how it should be treated.

Noor711 said: Will a move within the same local authority end my legacy benefits, basically?  I have heard of councils who think that this would.  

It shouldn’t and if your local authority says you need to claim UC you should challenge them.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236953/hbgm-a4-eligible-rent.pdf

Change of address within LA area

4.1490 Any change in the award following a change of address within your area can only be dealt with as a change of circumstance and actioned as a superseding decision.

4.1491 When the claimant tells you about the move and has confirmed the date of move, treat the change of address as a change of circumstance so payment of benefit can be continuous by making a superseding decision once you have evidence of their new liability, see C6 Reconsidering, revising and superseding decisions.

You also asked

Noor711 said: If my whole rent term is already paid up front, would the council/DWP still consider I had an eligible rent liability?  

You should still be treated as liable to pay rent.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

3.160 If rent has already been paid for a future period, the claimant

• is regarded as liable to make payments for the duration of the HB claim even though payment has already been made for some or all of the period and the liability is therefore discharged, and

• will receive HB for the benefit weeks covered by the advance payment, even though no actual payments are due in those weeks. An example is when a claimant pays rent monthly in advance

Thank you for those links Calcotti!

You must have edited them into your post in response after I asked about relevant regulations, because I didn't spot them before.

Thank you so much!  Very helpful. 

Noor711

poppy12345 said:

Noor711 said:

Incidentally, if there is any part of the housing benefit regulations which makes clear that advance rent for the full tenancy term does not extinguish rent liability, I would love to know how/where to find it - in case I need to pull it out and wave it at a housing benefit officer telling me I have no entitlement.

Very much appreciated.  Thank you.

Calcotti has posted a link and well as quoting a
specific part of the liability, please have a read.

Thank you Poppy.

I only spotted Calcotti's links, after I posted my query about housing benefit regulations.

Thank you again.  Really useful. 

calcotti

Noor711 said: You must have edited them into your post in response after I asked about relevant regulations, because I didn't spot them before.

That's exactly what happened. I posted the situation as I saw it but wanted to give you the references in case you need to argue with the local authority. Takes time to find them.

Noor711

calcotti said:

Noor711 said: You must have edited them into your post in response after I asked about relevant regulations, because I didn't spot them before.

That's exactly what happened. I posted the situation as I saw it but wanted to give you the references in case you need to argue with the local authority. Takes time to find them.

calcotti said:

Noor711 said: You must have edited them into your post in response after I asked about relevant regulations, because I didn't spot them before.

That's exactly what happened. I posted the situation as I saw it but wanted to give you the references in case you need to argue with the local authority. Takes time to find them.

Thank you so much, Calcotti!  That's so good of you.

Hopefully, when I do move and notify my change of address to my local authority - need to stay near my current GP/local hospital for health reasons - they will already realise that just because the SDP gateway no longer prevents natural migration to UC, moving within the same council area is only a change of circumstances and not a new claim (basically, will be a change of address within the existing legacy housing benefit claim, passported by my income-related ESA).  A new claim with a new local authority, as I understand it, is what triggers a move to UC.  Having the right regulation to quote to them, in case any issue arises, will be so helpful.  My experience of some housing benefit officers over time is that there is often a deficit in their training and they do get it wrong, which has created confusion and stress.  It has happened often enough in the past to worry me.  Equally, to be fair, there are others who are on top of any new rules/regulations and don't need reminding/challenging.  But, it's a mixed bag. 

The issue about having discharged payment of the rent in advance shouldn't be a problem, I realise.  Housing benefit is always paid in arrears whereas private rent has to always be paid in advance, whether it is 1 month, 6 months or 12.  And, so the fact of payments from the local authority being made in arrears always means you have a rent liability for the whole of a tenancy.  But, again, having to argue this with my local authority, should the need arise, by having the correct authority to hand will be invaluable.  

Thank you again Calcotti.  Much appreciated. 

calcotti

Noor711 said: A new claim with a new local authority, as I understand it, is what triggers a move to UC.  

Exactly so although the word 'trigger', even though widely used, is slightly unfortunate because it can be read to imply the change is automatic whereas in fact the claimant has a choice. If you move to a new local authority your existing HB claim is closed. You cannot make a new HB claim to the local authority so if you want help with rent you have to claim UC which then ends any other means tested legacy benefits. However if you moved and could manage without help with the rent and therefore did not claim UC the other legacy benefits would continue.