Forum Home → Discussion → Universal credit administration → Thread
UC live service area - legacy benefit claim (HB) refused b/c previously entitled to UC
Client was in receipt of UC but entitlement ended at the end of last year because of a decision that she was in full time education (she wasn’t). She came to us for advice last month and we advised her to claim legacy benefits (JSA/HB) as she no longer meets the gateway conditions (homeless and a student).
Her JSA claim was awarded but her HB claim was refused. We requested a revision and this is the letter we’ve just had back….
“I note that you have advised that X was not in receipt of Universal Credit at the time that she submitted her application for Housing Benefit but the current Benefit Regulations state that when a person has at some time been receiving an award of Universal Credit this precludes them from applying for Housing Benefit at a later date.
Any subsequent application for assistance with housing costs must be made via the Universal Credit scheme, as an applicant cannot change back to Housing Benefit once they have been in receipt of Universal Credit.
As X was awarded Universal Credit from 22 June 2016 to 21.11.2016 she is not able to apply for Housing Benefit and she should contact the Universal Credit helpline, and re-apply for the Housing Element of Universal Credit which would then be paid as part of your Universal Credit award.
I trust that this letter fully explains the situation.”
As this is not a full service area I can’t see what stops them awarding HB but as I’m such a UC novice I wanted to ask the experts
Many thanks!
Rubbish, rubbish, rubbish. Direct them to Reg 6 of the UC (Transitional Provisions) Regs 2014, which says that a “UC claimant” may not claim legacy benefits. The definition of UC claimant is someone who:
- Is currently on UC
- Has a UC claim, MR or appeal outstanding
- Has been a member of a UC couple within the last month
- Has failed to qualify for UC within the last six months because their earnings were too high
Nothing else stops a person in a live service area from making a new claim for HB, IS or Tax Credits.
When they say “the current Benefit Regulations state that when a person has at some time been receiving an award of Universal Credit this precludes them from applying for Housing Benefit at a later date”, which Regulations are they referring to? Challenge them to cite these Regulations. They can’t, because they don’t exist.
Her JSA claim was awarded but her HB claim was refused. We requested a revision and this is the letter we’ve just had back….
Can you just clarify if you have requested Mandatory Reconsideration (MR) and that this is your formal MR notice?
It’s worth noting that for HB, it is NOT mandatory to go through a reconsideration process. You can still choose to send the LA an appeal right off the bat if you like.
Her JSA claim was awarded but her HB claim was refused. We requested a revision and this is the letter we’ve just had back….
Can you just clarify if you have requested Mandatory Reconsideration (MR) and that this is your formal MR notice?
This was a response to our revision request so looks like we’ll be appealing now. Thanks for all your input. I just wanted to double-check before I went off all guns blazing as UC still makes me nervous!