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2 week run on for HB when migrating to UC
- nonsmoker2008
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21 hours 31 minutes ago #311536 by nonsmoker2008
2 week run on for HB when migrating to UC was created by nonsmoker2008
Hello again
Having finally got settled with mandatory migration from ESA SG and HB to UC with housing element, UC are now trying to reclaim the 2 week run on grant from HB. Please note HB have specifically confirmed the £117 in question is non recoverable, both in writing and on the phone. Its taken me 4 days to get an 'urgent' response from UC as to why they cant be bothered to send me an upload link so I can send them a copy if the letter from HB.
All they have said is I claimed both at the same time - which I didn't. I asked UC to explain why in that case they are not trying to reclaim the ESA SG 2 week run on I was also granted for the same period. For the record I claimed UC on 1 October and first payment received for UC with housing element 7 November.
Please can someone give me some legalese or regulations I can quote at UC please as this is going to ruin my Christmas 🥺🥺🥺🥺
Having finally got settled with mandatory migration from ESA SG and HB to UC with housing element, UC are now trying to reclaim the 2 week run on grant from HB. Please note HB have specifically confirmed the £117 in question is non recoverable, both in writing and on the phone. Its taken me 4 days to get an 'urgent' response from UC as to why they cant be bothered to send me an upload link so I can send them a copy if the letter from HB.
All they have said is I claimed both at the same time - which I didn't. I asked UC to explain why in that case they are not trying to reclaim the ESA SG 2 week run on I was also granted for the same period. For the record I claimed UC on 1 October and first payment received for UC with housing element 7 November.
Please can someone give me some legalese or regulations I can quote at UC please as this is going to ruin my Christmas 🥺🥺🥺🥺
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- David
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17 hours 3 minutes ago #311539 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic 2 week run on for HB when migrating to UC
Hi nonsmoker2008
Here are the HB Run-on regs:-
F1 Transitional housing payment
8A. Where an award of housing benefit terminates under regulation 8 F2...—
(a)the claimant is to be treated for the purposes of the Housing Benefit Regulations 2006 as entitled to universal credit during the period of two weeks mentioned in regulation 8(2A) F3... , even if no decision has been made on the claim; F4...
(b)if a claim for universal credit is made because the claimant moves to new accommodation occupied as the claimant's home, then, notwithstanding anything in the Housing Benefit Regulations 2006, housing benefit is to be paid directly to the claimant during the period of two weeks mentioned in regulation 8(2A) F5... [F6; and]
[F6(c)if a claim for universal credit is made by a notified person then, notwithstanding anything in the Housing Benefit Regulations 2006, the weekly amount of housing benefit to which the person is entitled for that period of two weeks is the same as the weekly amount they were entitled to on the first day of that period.]]
www.legislation.gov.uk/uksi/2014/1230/regulation/8A
David
Here are the HB Run-on regs:-
F1 Transitional housing payment
8A. Where an award of housing benefit terminates under regulation 8 F2...—
(a)the claimant is to be treated for the purposes of the Housing Benefit Regulations 2006 as entitled to universal credit during the period of two weeks mentioned in regulation 8(2A) F3... , even if no decision has been made on the claim; F4...
(b)if a claim for universal credit is made because the claimant moves to new accommodation occupied as the claimant's home, then, notwithstanding anything in the Housing Benefit Regulations 2006, housing benefit is to be paid directly to the claimant during the period of two weeks mentioned in regulation 8(2A) F5... [F6; and]
[F6(c)if a claim for universal credit is made by a notified person then, notwithstanding anything in the Housing Benefit Regulations 2006, the weekly amount of housing benefit to which the person is entitled for that period of two weeks is the same as the weekly amount they were entitled to on the first day of that period.]]
www.legislation.gov.uk/uksi/2014/1230/regulation/8A
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- nonsmoker2008
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10 hours 38 minutes ago #311549 by nonsmoker2008
Replied by nonsmoker2008 on topic 2 week run on for HB when migrating to UC
Hi again
Also a UC service centre person has told me on my journal that I must ask for a mandatory reconsideration and appeal. *smacks my own forehead.....FFS*
So I sent this just now... and for anyone else (like me) needing the as if to a child explanation:
FAO Case Manager
As already pointed out, here are your own regulations proving you are wrong:
"If you’ve applied for Universal Credit, you’ll keep getting your current benefit paid for 2 more weeks. You must still be eligible for your current benefit. You will not need to pay back these extra payments and they will not affect the Universal Credit you might get..."
(www.gov.uk/guidance/move-to-universal-cr...ration-notice-letter)
I therefore look forward to you confirming your staff at Hastings and Glasgow Milton are both wrong ASAP
Also a UC service centre person has told me on my journal that I must ask for a mandatory reconsideration and appeal. *smacks my own forehead.....FFS*
So I sent this just now... and for anyone else (like me) needing the as if to a child explanation:
FAO Case Manager
As already pointed out, here are your own regulations proving you are wrong:
"If you’ve applied for Universal Credit, you’ll keep getting your current benefit paid for 2 more weeks. You must still be eligible for your current benefit. You will not need to pay back these extra payments and they will not affect the Universal Credit you might get..."
(www.gov.uk/guidance/move-to-universal-cr...ration-notice-letter)
I therefore look forward to you confirming your staff at Hastings and Glasgow Milton are both wrong ASAP
The following user(s) said Thank You: David
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