NI credits

LET’S PRETEND FOR THIS POST THAT MY LOCAL AUTHORITY ARE NOT INSISTING I CLAIM UC

However, this is a DWP memo and does not cover HB, so if your Local Authority decides that you can only apply for HB via UC then you will still not be able to reclaim ESA, whatever the DWP's view is.

HB: Does the Local Authority really have independence over their decisions, rather than having to submit to what the DWP state? When a local benefits advisor phoned our Council in October for me, that staff member said she wasn’t sure about my situation and that I should speak to ESA first to see what they say. This HB assessment team leader e-mailed me that she was wrong AFTER I had done my online HB claim (you'd suggested claiming and letting them argue that I am not "entitled"). So do you have any suggestions for how I convince this HB team leader who changed her mind from my being “entitled” to my being in “receipt” of the SDP “within the last month” (in order to qualify for claiming HB, and not UC)? Does this memo have a reference number which I could give to her to make her read it?

Gordon, I am deeply, deeply appreciative of your help!!!
Yes, that link would be extremely useful for me if you can find it, as I'm hoping to e-mail this team leader on Monday.

Ok, thanks so much for looking.

Are there any grounds – that I could quote to her - for arguing (“entitled” to SDP) on the technicality that I completed my HB claim based on her first e-mail/letter telling me I could claim HB because I was “entitled” to SDP? Surely, she can’t just make me claim 1 benefit (HB) then change her mind and tell me I need to claim another benefit (UC)? Surely, she needs to pay the penalty for advising me incorrectly – and not me?