Appealling transfer and Housing Ben

If you appeal a decision to place you on JSA and appeal to ESA ( I am talking about being migrated from Incap Ben to ESA) what happens to other related benefits like |Housing and Council tax benefits whilst the appeal is going through. In other words if it takes a week or so to get your appeal in and be placed on Assesment rates whilst apeal goes through would you have to reclaim H ben and council tax ben or would they continue uninterupted?

micksville wrote:

If you appeal a decision to place you on JSA and appeal to ESA ( I am talking about being migrated from Incap Ben to ESA) what happens to other related benefits like |Housing and Council tax benefits whilst the appeal is going through. In other words if it takes a week or so to get your appeal in and be placed on Assesment rates whilst apeal goes through would you have to reclaim H ben and council tax ben or would they continue uninterupted?

As your query was received 'before closing' I will try to give a response.

Please bear in mind, we do not normally deal with Housing Benefit on the forum, nor can we give claim specific information.

Any change in the amount of money one receives (such as going from IB rate to Assessment Rate ESA (whilst appealing for example), or actual change in benefits received (ESA replacing IB) is a change of circumstances which should be reported to the authority who pays your Housing Benefit ASAP.

If one does not inform the Housing Benefit paying authority that ones IB has stopped and one is appealing, it may cause ones Housing Benefit payments to stop. This is because certain information is exchanged between the DWP and Housing Benefit and they would see that ones IB has ceased.

If one has been found fit to work, the options for a claimant (in general) would be:

1) Appeal the ESA decision.
2. Claim JobSeekers Allowance
3. Do nothing and not claim anything.


All individually (or any other option) would be a change of circumstances.
Therefore it is important to let the Housing Benefit paying authority know of the change of circumstances if you wish to continue to claim Housing Benefit.

Depending on how quick you are are at informing them, then they may backdate HB to the date of change (if still eligible). If there is a long gap, they may not.

Pete

Hi Micksville

Concerning delays in HB payments, I can give you my own experience although it doesn't directly relate to your situation.

Being entitled to HB by virtue of claiming income-related ESA, when I failed the WCA and ESA was terminated, I received a letter from the Council informing me that HB has been suspended because I failed to notify them of a change in circumstances. (You need to bear in mind that the DWP can inform them quicker than they inform you!). You are usually given a deadline of 2-3 weeks to inform them of your change in circumstances (even though they already know) and proof of income and savings.

After lodging an appeal, receiving a letter confirming that ESA has been reinstated at assessment rate and providing a copy to the Council my HB was reinstated. However there was a two month delay before receiving the back-payment and I've been told that it typically takes 12 weeks to process such cases due to the backlog, although this will vary throughout the country.

With hindsight I would have submitted my GL24 immediately to reduce the delay but clearly many HB claimants will face delays in rent when failing the WCA, whether appealing or claiming JSA.

Hope this is useful

Derek

My experience was similar to Derek's (time wise). I had a change of benefits (IS to IR ESA), so they stopped my housing and council tax benefits. I got letters saying my benefits had stopped (not suspended) because I no longer received any qualifying benefits! I was threatened with eviction for non payment of rent and had horrible baliff letters from the council tax people even though they were well aware of my situation and I had supplied them with everything they asked for. It was one of the most upsetting and frustration experiences in my life.

Hi Micksville,
Might depend on how your council works. I had my ESA stopped in June and rang the council the same day I received letter of benefit being stopped. They kindly put my HB 'on hold' ie, they told me to send in last 3 bank statements straight away to re assess me on income (or lack of)and didn't stop any payments while I was re assessed.
Then I had my ESA reinstated upon appeal and just sent the council a copy of appeal letter, was re assessed again with no interruption to HB payments.