ESA to UC = £190pm worse off!!

NadiaPhil

I am an appointee for my son's benefits.  He had been eligible/ in receipt of ESA (limited capability for work/ support group) and also in receipt of PIP enhanced care & mobility.
Following a long hospital admission (MH); he is age 25 and on discharge from hosp, resided with me awaiting housing from the Local Authority/ HA, new tenancy started in September 2021.  This accommodation is in the same area (half a mile); from my home and under the same Housing Association as mine. 
He applied for housing benefit, on 19/09/2021 to which he received responses/ letters, requesting further details/ info, including tenancy agreement, etc, and was allocated a Housing Benefit Reference No - so all seemed ok?
He was then informed by HB/ LA that he was not eligible for HB and should claim Universal Credit.
Apart from already losing 6 weeks of claiming, owing to the time taken to notify him of not being eligible - it was not until mid-December 2021, that he was awarded UC and that his monthly award was £600.00!  He then left notes in the journal to query this, as it amounts to £190 per month less than ESA?  UC responded after some time, as they had to make certain inquiries and they stated that given the circumstances, moving within same LA etc; it shouldn't have warranted the need for him to move to UC, especially given the shortfall it has created.  They suggest take it up with HB / LA?   Response recd from HB, which states "Unfortunately, when you moved into the ********** area and didn't have a current HB Claim in Sept 2021, we were unable to process your application as a, change of address.  For the shortfall in rent they suggest apply for 'DHP' but no reference to the loss of SDP & DP ?
I note recent Test Cases at High Court, for similar - which ruled in favour of the applicants and their monies reinstated/ upgraded - how can I now get this put right, is there a way I can request a Mandatory Reconsideration/ appeal, out of time?    My son is struggling owing to cost of living etc, missed out on the Home warm discount - any advice would be greatly appreciated.
  Many thanks
NadiaPhil

poppy12345

They were correct with the HB claim if he wasn't previously claiming HB, unless he moved to supported/temporary housing then new claims for HB are no longer possible.

When he claimed UC if he was in the Support Group for ESA then his UC should include the LCWRA element from the start of his claim. Therefore his UC elements should be standard element, LCWRA element and housing element.

When he claimed UC if he was living alone or classed as living alone and his ESA included the SDP then the UC should also include the SDP transitional support protection of £120 per month.

Can you tell us exactly what elements he receives please? Was his UC all Income Related? or was part of it Contributions based?

calcotti

poppy12345 said:
When he claimed UC if he was living alone or classed as living alone and his ESA included the SDP then the UC should also include the SDP transitional support protection of £120 per month.

Possibly when he was living alone he was getting SDP. Then when living with OP perhaps not getting SDP which means that when UC was claimed there would be no SDP transitional element. Would have been possible to get round this by moving into new property and getting SDP added to ESA before UC claimed.

OP, was he already living in new property on his own before claiming UC?

NadiaPhil

Thank you so much for your responses.  I am happy to submit the UC Elements/ amounts and can confirm that my son was claiming benefits (ESA & PIP including the SDP)
prior to signing up for tenancy/ offer of accommodation. 
It had only been at the point of application for HB/ he told to apply for UC (some weeks after).  The delay, in making UC application - up to first payment (6 Dec 2021) put him in 4 months rent arrears, which is being deducted/ weekly instalments.  (as they did not backdate rent).

Anyway, here are the elements taken from his UC Statement:-

Standard Element   £257.33                      Deductions: £39.27 (advance)
Housing                   £390.52                                          £25.73 (rent arrears)
LCWRA                    £343.63
Transitional Pro        £120.00


Employment & Support Allowance:

Living Expenses         £74.40
Severely Disabled      £67.30
Extra Disability Income
Guarantee                  £17.20
LCWRA                      £39.40
---------------------------------------
                     Total:    £198.60 weekly
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Do you think it would be worth asking for a Mandatory Reconsideration?  I know it is out-of-time but might I be able to request 'special consideration' owing to 'new information?

Thank you for your help and advice, hope the above makes sense?

Thanks again
NadiaPhil

calcotti

I can see that his UC does include the transitional amount.

People on UC do get less than those in ESA with SDP, and under 25 do worse still.

However you said he is 25 so the UC standard element should be higher - or has he only just turned 25? Was it before or after claiming UC? However with the increase in standard amounts since 11th April the transitional element will reduce so the maximum amount will not have changed.

Unfortunately there doesn’t appear to be anything to MR. Not sure what ‘new information’ you are reffing to.

You could ask whether they will backdate the UC claim by one month (the maximum possible) on the grounds that he could not have known he needed to apply for UC. However I think that is likely to be refused.

He could also complain to the local authority about the delay in letting him know that h3 couldn’t apply for HB. You also try requesting a Discretionary Housing payment to cover the arrears that resulted from the delay.