Widow forced to migrate to UC for housing benefit

Yorkiegal73

Hi, I'm helping a friend following the sudden loss of her husband. Basically both were on esa and pip plus severe disablement allowance. Esa paid in her name with additional amount for him.

Housing benefit based on both income but in hid name.

York council have written to say they cancelled claim from 31st Jan, husband date of death and that she can't claim housing benefit but will have to go on university credit instead.

The last thing she needs right now is the further income drop for migrating to uc and is also worrying about whether the housing costs would backdate to the 31st or she will have to pay full rent until start of UC claim. Are the council right? 

Wonka_2

Can't answer the rights/wrongs but what's the tenancy status ? Private rented or Council ?

calcotti

I think the council are correct because if the HB was in his name the claim stopped with his death and she is not permitted to make a new claim in her name.

A UC claim can only be backdated for a maximum of one month and only if there is good reason (which there appears to be). She would have to request backdate to 1st February immediately after applying.

Has she claimed Bereavement Support Payment?
https://www.gov.uk/bereavement-support-payment

 

poppy12345

She was advised correctly and new claims for housing benefit for working age people are no longer possible, unless living in either supported or temporary housing. She will need to claim UC for help with any rent.

Her ESA will continue for 2 weeks and then any Income Related will stop. If she's in the Support Group then any contributions based will continue (£117.60/week)

She will be entitled to LCWRA element (if in Support Group) from the start of her claim. As her ESA includes the SDP then she'll also be entitled to SDP transitional protection in her UC but it will still be slightly less per month than her ESA was.

Normally UC can't be backdated unless in exceptional circumstances. I think this is one of those circumstances so when she claims UC she will need to explain the situation.

Has she reported the changes to her ESA after her husband passed away? Is the tenancy agreement in her name?

She should also look at claiming Bereavement Support Payment. https://www.gov.uk/bereavement-support-payment/eligibility

calcotti

UC will be standard single allowance £334.91
LCWRA element £354.28
SDP element £120
plus the Housing element.
(The above are monthly amounts.)

If there is contribution based ESA still paid this will be deducted from the UC.

This is about £20/week less than she would get if she were allowed to stay on ESA (but she isn't if she needs help with rent).

Unfortunately she will not benefit from the 10% increase in benefit rates in April because the increase in other elements of UC will reduce the SDP transitional element so from April it will become
standard single allowance £368.74
LCWRA element £390.06
SDP element £50.39
plus the Housing element.

HillStreetBlues

Sadly once April comes she will be over £35 a week worse of under UC than if still on ESA

Yorkiegal73

Thankyou so much everyone. It's pretty much what we thought then. Oh well. We've got the bereavement support application done. She's a council tenant so they can wait for the rent. At least we can apply online for UC. Seem to have spent most of last week on hold to various dwp departments, none of whom mentioned this possible housing benefit issue. The bereavement line were lovely though. 

poppy12345

Yorkiegal73 said:

Seem to have spent most of last week on hold to various dwp departments, none of whom mentioned this possible housing benefit issue.

I'm not surprised because when ringing any DWP department you're speaking to someone from a call centre and they are not benefits advisors.

HillStreetBlues

What would happen if the OP mother delayed claiming UC 11th April after the uplift
Would she then get the new rates plus the £120  & HE

It would mean missing about 10 week rent but would mean about £2000  extra over the year if that could be done.

Spoonie_Turtle

HillStreetBlues said:

What would happen if the OP mother delayed claiming UC 11th April after the uplift
Would she then get the new rates plus the £120  & HE

It would mean missing about 10 week rent but would mean about £2000  extra over the year if that could be done.

If the rent is more than £200 per week then she'd lose out on more than she gains.  (Also not sure the council would be happy waiting for rent that long.)

HillStreetBlues

Spoonie_Turtle said:

HillStreetBlues said:

What would happen if the OP mother delayed claiming UC 11th April after the uplift
Would she then get the new rates plus the £120  & HE

It would mean missing about 10 week rent but would mean about £2000  extra over the year if that could be done.

If the rent is more than £200 per week then she'd lose out on more than she gains.  (Also not sure the council would be happy waiting for rent that long.)

I do agree it will depend on the rent amount and if able to sort out the rent.
But she would also get more money in 2023-2024 and depending on inflation maybe a few years after as well.