Legacy benefits and housing benefit.

Prudent · 8 July 2021 at 2:59PM

I am looking for some advice for my daughter please.

She is on IR ESA (support group) plus the enhanced rate of PIP (both elements). Additionally, she gets the highest rate of premiums. She has been in temporary accommodation provided by her local council for just over a year. The council own the property and have decided to change the status of her tenancy to a permanent council tenancy. This is good news as it is a very decent flat. However, they have just said that she can no longer claim housing benefit because it is a permanent tenancy and will have to claim the housing element of UC instead. Is this correct? Does this mean she will lose the premiums and have to be re-assessed?

Prudent · 8 July 2021 at 3:00PM

Just to add that we are Scotland. I am not sure if that makes any difference.

Alice_Holt · 8 July 2021 at 3:48PM

Not sure if Scotland is different, but...

Yes, that seems correct to me.

Under UC she should get "Transitional Protection" for the disability premiums currently paid with her ESA

https://www.turn2us.org.uk/Benefit-guides/Universal-Credit-transitional-protection/What-is-Universal-Credit-transitional-protection

As she is currently in the Support Group, she should be placed in the LCWRA group which carries an additional element

https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/How-much-Universal-Credit-will-I-get

It would be sensible to document her ESA status immediately before an UC claim, and closely monitor that the correct payments are put in place.
You may need to prompt UC / ESA to liaise to ensure the LCWRA element is applied in a timely fashion.

"the LCWRA element... can be added on straight away... if you were entitled to one of the Employment and Support Allowance (ESA) components immediately prior to your Universal Credit claim."

https://www.turn2us.org.uk/Benefit-guides/Universal-Credit/Additional-Elements-of-Universal-Credit#guide-content

Prudent · 8 July 2021 at 3:50PM

Thank you so much AliceHolt.

Alice_Holt · 8 July 2021 at 4:03PM

https://www.cas.org.uk/helptoclaim

I'd suggest going through these people to start the claim, who may be able to help your daughter get the correct amount of UC.

There may be a gap between ESA / HB ending and the first UC payment.
I think in Scotland it's possible this gap is less than in England ?
It may be worth checking with her council if DHP or another source of support is possible for that period?

PIP is unaffected.

Prudent · 8 July 2021 at 4:11PM

Thank you AliceHolt. I really appreciate your help. One of the things that is concerning me is that she is really not fit enough to go through a re-assessment for the LCWRA. I am her carer and I have access to a CAB advisor through my local carer's centre. I will contact them and ask for an appointment. My daughter lives a long way from me which makes things a bit trickier.

Alice_Holt · 8 July 2021 at 4:22PM

"I am her carer and I have access to a CAB advisor through my local carer's centre. I will contact them and ask for an appointment."

Good plan,

Just wonder if DWP appointee-ship is a possibility?

It would be worth getting all the medical evidence supporting LCWRA together, as sometimes a paper decision is possible (but rare). Would your daughter's GP support you in thinking an assessment inadvisable?

Prudent · 8 July 2021 at 5:23PM

Thank you Aliceholt. I don't want to go down the appointee-ship route as I have a long term illness. I medically retired from work and have an ill-health pension. I try and support her as much as I can, but do not want to cause further issues by being unavailable for the DWP.

Her medical team have previously written letters of support, so we can ask again. She had a PIP re-assessment in the autumn and it was a paper-based review because she is so ill.

calcotti · 8 July 2021 at 6:26PM

Alice_Holt said:

Not sure if Scotland is different, but...

Yes, that seems correct to me.

Alice, not clear to me why a change of tenancy type should require a change from Housing Benefit to UC. If a claimant on HB moves to a different address in same local authority they can simply update theHB claim. Why can't they do the same for a change of tenancy type?

OP, subject to what Alice says, i am not convinced you need to claim UC.

Prudent · 8 July 2021 at 6:30PM

Hi Calcotti,

That is why I was asking. I thought she would just be able to remain on HB too as it is the same property just a change in the type of tennancy.