Housing Benefit and Universal Credit

HopeLove

Greetings all.
I hope someone here will be able to provide me with some sound advice and clarity on some matters.
Please please please bear with me as I try to provide all the relevant details.

In mid 2021 my son was intimidated out of his home and forced to leave. He was in a council house and received Housing Benefit, irESA, standard rate PIP for daily living, and both EDP and SDP elements.
He has ongoing mental health problems for some time now, including suicidal tendencies. After the incident of being forced to leave his home, he was found by Police at a train station who were rightly concerned he might attempt to take his life.
He was re-united with family, and the local housing authority notified of what had taken place. A tenancy transfer was initiated, and a request for suitable temporary accommodation was made, however this was not provided.
We contacted Housing Benefits and informed them of the incidents, and they told us that his Housing Benefit would be put on hold, and as this was only a transfer of tenancy, he would continue to receive Housing Benefit at his new address once it was provided by the Housing authority.
It took the Housing authority almost two years to rehouse him, despite being awarded high priority status.
He has only recently taken up the new tenancy, and the Housing authority has now said that his Housing Benefit was cancelled, and he must claim Universal Credit. We were never informed that his Housing Benefit was cancelled and always led to believe that it would be transferred to his new address. A claim to Universal Credit would see him financially worse off, to a deficit that is more than if he were to pay the rent himself from his existing benefits.

My first question for now would be this:
Under the circumstances, do we have a case to have his Housing Benefit re-instated at his new address?

Many thanks to anyone that took the time to read this, and eternally grateful for any advice. Thank you.

HillStreetBlues

Where was your son living while the waiting for the transfer?  was rent being paid for the first property?

elsien

HopeLove said:

Greetings all.
I hope someone here will be able to provide me with some sound advice and clarity on some matters.
Please please please bear with me as I try to provide all the relevant details.

In mid 2021 my son was intimidated out of his home and forced to leave. He was in a council house and received Housing Benefit, irESA, standard rate PIP for daily living, and both EDP and SDP elements.
He has ongoing mental health problems for some time now, including suicidal tendencies. After the incident of being forced to leave his home, he was found by Police at a train station who were rightly concerned he might attempt to take his life.
He was re-united with family, and the local housing authority notified of what had taken place. A tenancy transfer was initiated, and a request for suitable temporary accommodation was made, however this was not provided.
We contacted Housing Benefits and informed them of the incidents, and they told us that his Housing Benefit would be put on hold, and as this was only a transfer of tenancy, he would continue to receive Housing Benefit at his new address once it was provided by the Housing authority.
It took the Housing authority almost two years to rehouse him, despite being awarded high priority status.
He has only recently taken up the new tenancy, and the Housing authority has now said that his Housing Benefit was cancelled, and he must claim Universal Credit. We were never informed that his Housing Benefit was cancelled and always led to believe that it would be transferred to his new address. A claim to Universal Credit would see him financially worse off, to a deficit that is more than if he were to pay the rent himself from his existing benefits.

My first question for now would be this:
Under the circumstances, do we have a case to have his Housing Benefit re-instated at his new address?

Many thanks to anyone that took the time to read this, and eternally grateful for any advice. Thank you.

Told you how? Anything in writing? 

Does he manage his own finances or are you his appointee? 

If he manages his own finances then would they not have sent him a letter ending his claim? Did he update them with a correspondence address in the interim? 

HopeLove

HillStreetBlues said:

Where was your son living while the waiting for the transfer?  was rent being paid for the first property?

Rent was paid at this previous property through his Housing Benefit award. Since suitable accommodation was not offered by the Housing Authority, he had to stay in a caravan whilst waiting for the transfer.

HopeLove

@elsien
Unfortunately nothing was provided in writing by the Housing authority, they only told us over the phone. He manages his own finances, and no letter was received regarding the ending of his Housing Benefit award. A correspondence address was provided to the Housing authority.

HopeLove

I understand that a change of circumstances can negate a current claim, and be a "trigger" for Universal Credit, however;

As his intention was to continue to live in his previous home had he not been forced to move, and he would have still been entitled to Housing Benefit there, his circumstances only changed as a result of something outside his control. To this effect we feel that losing his Housing Benefits, and being forced to move to Universal Credit, he is essentially being penalised for being a victim of crime.
As the law regarding a change of circumstances was not written to take into account people being forced from their homes, is that not a form of indirect discrimination, or Thlimmenos discrimination??

Spoonie_Turtle

The change of circumstances that would have ended his HB claim in normal circumstances would have been if he moved to a different local authority (council area).  If he is still within the same local authority then the factor which ultimately ended his claim was the council(? Not sure what you mean by Housing authority?) taking so long to rehouse him.

HillStreetBlues

Was the caravan is the same LA (council area)?  was rent paid for this?  or is it owed my a family member?

HopeLove

Spoonie_Turtle said:

The change of circumstances that would have ended his HB claim in normal circumstances would have been if he moved to a different local authority (council area).  If he is still within the same local authority then the factor which ultimately ended his claim was the council(? Not sure what you mean by Housing authority?) taking so long to rehouse him.

The local authority here is the same throughout the whole country. So he has not moved or changed local authority.

HopeLove

HillStreetBlues said:

Was the caravan is the same LA (council area)?  was rent paid for this?  or is it owed my a family member?

The local authority here is the same throughout the whole country. So he has not moved or changed local authority. No rent was paid on the caravan, it was purchased specifically because the council had not provided suitable temporary accommodation.

elsien

He could do a SAR about what is on file about the ending of his claim, but that probably won't be a quick process.  I don't have enough knowledge to comment on whether once a claim has been ended in error it could be reinstated. 
I suppose the next thought is to request the involvement of a good local councillor, if you have one?