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Refused Housing Benefit as I am on ESA not UC

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5 years 1 month ago #227785 by Mila
Hi all,

I'm freaking out right now so please excuse me if it sounds confusing at all..

I have been on ESA (support group) since 2012. In December last year I moved to a new borough. Worthing Council.

It took ages for Worthing Council to send me a claim form so have been borrowing my rent money from my parents so I'm not behind. I expected my housing benefit claim to go through fine as my rent has been registered as fair for this new address and I have been claiming housing benefit alongside my ESA all these years.

I have just received my decision notice and I'm not eligible for Housing Benefit. It states that for help paying my rent, I must make a claim for Universal Credit. They are however giving me Council Tax Support.

I have done an entitled to calculation and my benefit will go down by just over £400. I don't know how I am going to cope.

Also if I am going to have to make a new claim, will they backdate my housing benefit to when I moved in.

I really don't know what to do :(

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5 years 1 month ago #227804 by Gordon
Mila

If you have moved to a new Local Authority then you can no longer make a new claim for Housing Benefit, this can only be done by your making a claim for Universal Credit unless your ESA includes the Severe Disability Premium.

If your ESA is Income Related or contains an ESA(IR) payment then this will be converted to UC, your current award will be migrated but this may take several weeks.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Brightskies2009

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5 years 1 month ago #227819 by H.k
Gordon
so if mila had moved within same local authority she would have had no problems with housing benefit and esa payments ?..as that the situation i am in wanting to move to smaller place in same post code area of town on esa payments, council said that should not trigger change in circumstances to warrant a claim for U.C. but have been trying to find a definitive answer to whether i would be moved onto U.C. from ESA in same local authority..IF i have understood your answer to MIla correct i should be fine and not moved from ESA to UC..is that correct ?
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5 years 1 month ago #227833 by Gordon

H.k wrote: Gordon
so if mila had moved within same local authority she would have had no problems with housing benefit and esa payments ?..as that the situation i am in wanting to move to smaller place in same post code area of town on esa payments, council said that should not trigger change in circumstances to warrant a claim for U.C. but have been trying to find a definitive answer to whether i would be moved onto U.C. from ESA in same local authority..IF i have understood your answer to MIla correct i should be fine and not moved from ESA to UC..is that correct ?


The key issue is whether you need to make a new claim for any of the benefits that now come under Universal Credit.

A move within the same Local Authority does not require a new claim, it will be an amendment to your existing HB claim, moving to a new LA does require a new claim and therefore it would be for UC.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 4 weeks ago #227843 by Mila
Ok thank you. Do you have any idea if my housing benefit could be backdated to December or would it be just from the date of the new UC claim? If that’s the case then I will be in such a mess.

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5 years 4 weeks ago #227856 by Gordon

Mila wrote: Ok thank you. Do you have any idea if my housing benefit could be backdated to December or would it be just from the date of the new UC claim? If that’s the case then I will be in such a mess.


Housing Benefit can be backdated by one month but you may have difficulty backdating the UC claim, you will need to be persistent with your request.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mila

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