Lost Housing Benefit and Council Tax Support despite witdrawing an application for Universal Credit.

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The claimant who was receiving Housing Benefit and Council Tax Support lost these benefits because he applied for the Universal Credit, but he later withdrew his application for the Universal Credit (the UC was not awarded), yet the Council has not reinstated the benefits he was receiving, despite that withdrawal. So the claimant does not receive any benefits now, neither UC nor HB/CTS.

The claimant of the Housing Benefit and Council Tax Support was mislead by the Council in a decision of 3/3/18 reviewing the benefits (and awarding them), because the decision said that:

“I note that you are entitled to maximum entitlement and therefore may also be entitled to Income support/Income based Jobseeker's Allowance/Guarantee Credit. Should you wish to claim, please contact your local Department for Work and Pensions office. If you are awarded any of these benefits, please contact this office immediately. This will not affect your current award of Housing Benefit.”

Because of that the claimant first was filling in a form for Income Support, then the claimant found out that he should be completing the Employment and Support Allowance (ESA), then when filling in the ESA the claimant was advised that again it was an incorrect form and should apply for the Universal Credit.
There was no information in the aforementioned Council's decision about ESA or UC, and the decision clearly stated that "This will not affect your current award of Housing Benefit."

But when the claimant applied for UC the Council first suspended and soon after cancelled both benefits (HB and CT Reduction).

The claimant would not have applied for UC, if he knew that the current benefits would be cancelled, including Council Tax Support, but the Council misled the claimant in their decision as shown above.

The claimant due to ill health struggled with completing all the forms necessary for UC (some of which were over 50 pages long and required additional input on separate pages), and decided to withdraw his application to UC.

The claimant believes that the benefits he was receiving before (HB and CTS) should not have been cancelled by the Council when the claimant applied for UC, because applying for UC does not mean that the claimant would be awarded UC. Common sense says that the Council could cancel HB (but not CT Support, why did they cancel CTS at all?) only after UC would be awarded and not before. This is because a UC claimant before receiving an award of UC can withdraw his/her application, as it happened in this case, so the Council made a mistake by cancelling his award for the benefits, because these benefits are acquired rights, so they should not have been cancelled without a good reason, and should have been reinstated when the claimant asked to reinstate them (without a need to apply for them again), especially since the Council in their decision misled the claimant as shown above.

Is there any legislation or additional arguments, which the claimant may use to persuade the Council to reinstate the benefits they cancelled without any good grounds, like in this case? Are there any similar cases?
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Comments

  • KatrinaWaves
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    So almost a year ago they were advised they may be eligible for some other benefits. none of the ones mentioned would have affected their housing benefit. the letter you quote does not mention UC.

    Now, everyone is switching to UC (to a point, anyway)

    CTR is available alongside UC, but they may need to amend the claim.

    Why did he withdraw his UC claim? I have helped many claimants with UC claims and not one has been over 10 pages, never mind multiple forms, some with over 50.

    The council did not mislead him as the council mentioned IB JSA and Income Support. It does not say that an application for UC would not affect his HB.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    I believe once you apply, that's it.
  • theorville
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    They should have advised in the decision about UC and that it will affect the benefit. The information they gave in the decision was outdated, it was impossible to apply for Income Support back then when they issued the decision. So it was incorrect and mileading.


    Anyway what are the legal grounds for the Council actions? This does not make any sense to cancel aquired rights (HB and CTS), when the claimant has not aquired any new rights (UC). Why did they cancel CTS when UC does not award equivalent of CTS?



    Over 50 pages has a paper form they sent to describe health issues.
  • KatrinaWaves
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    The form lists a variety of benefits. It does not mention UC.

    if it said 'apply for UC, it won't affect your benefit!' then I would be on your side, but they didnt.

    The issue will now be that your friend is not receiving a benefit which passports them to automatic CTR. I would advise they speak to the council about reopening their CTR claim and that someone, perhaps you as you are trying to help them here, helps them with their UC claim.

    You will not get anywhere blaming the council for something they never told them to do.
  • CIS
    CIS Posts: 12,260 Forumite
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    The council don't appear to mislead as they only stated a person may be entitled to claim another benefit, if they'd given an absolute then perhaps it could have been argued.



    The obvious point at this stage would be to lodge a claim ASAP and ask for the council to re-instate it as an incorrectly cancelled ongoing claim and they will have to give their reasons for refusal.



    Depending on the exact situation the DWP will issue a notice to the council to stop HB when a UC claim is made - the council would have to comply with that notice.

    Is it a full UC area ? If so then a claim to UC stops the HB.
    When is a new UC claim required in a UCFS area?

    8. It should be noted that once a claim to UC has been made the gateway to legacy benefits is closed. In practice, the UC claim triggers the termination notice (known as an HB Stop Notice). Even if a claimant withdraws or ends their UC claim (regardless of whether they have received payment), they cannot choose to claim, re-claim or seek re-instatement of a legacy benefit. This continues to apply irrespective of whether the legacy benefit termination has been actioned ‘on time’.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • KatrinaWaves
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    CIS wrote: »

    Is it a full UC area ? If so then a claim to UC stops the HB.

    I believe everywhere is full service now, except for those who receive, or have recently received, SDP.

    When this happened, I have no idea, as the OP is talking about March 2018.
  • theorville
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    What are the legal statutory grounds for 8.? It contradicts what CPAG says.
  • theorville
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    The Council provided with an incorrect information in their decision. It was not possible to apply for Income Support anymore (like they advised), only UC. So they did mislead by giving outdated and thereofre incorrect information.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    edited 18 February 2019 at 5:44PM
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    theorville wrote: »
    What are the legal statutory grounds for 8.? It contradicts what CPAG says.

    That CPAG link is last year and does have warning comments.

    Personally, I'd see if you can get some help/support from your local CAB/advice centre. This is getting complex and they may have contacts in the local council and have access to a specialists benefits team. To be honest, the council letter sounds like a generic one that covers as many circumstances as possible.

    What is the chronology here. When was the UC claim made and then withdrawn?
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