Hello Everyone,

Apologies for the fact this starts off sounding like a housing case - well it is - but there is an HB question too.

Couple came to see me last week about housing issues. They are currently living with family and the situation is becoming untenable. We discussed housing options and the private sector is beyond their means at present as they are receiving JSA as a joint claim. We discussed making a Homelessness application and they are near the top of the LA Housing List anyway but have been told they will not be offered a secure L.A. tenancy via whichever route, as Mr client has approx £2100.00 rent arrears from 2 seperate tenancies with the same L.A. from 20/5/02 - 01/7/02 and 01/7/02 - 28/4/03.

Clients report Mr client is dyslexic and has learning difficulties. He was single at this point and believed he was in receipt of HB, which was paying his rent. Client was in receipt of IBJSA so would have been entitled. Client reports he completed his application for HB at the local JC+ and an adviser there helped him. Now obviously this is a long time ago and I imagine I will struggle to find out exactly what happened but it does appear client did not receive benefit he was entitled to, however this may have been due to the fact he never applied rather than a mistake by another agency, though this is also possible.

Basically clients only realistic way back to their own property is via L.A. but they will not be housed unless we can reduce/wipe out arrears. I know that even if we can establish an HB claim was made then we are way outside time limit for a late appeal but would be grateful if anyone could offer any thoughts/advice. Am thinking there's not really anything I can do here but happy to be proved wrong!

Cheers,Sarah

Thu 05-Apr-07 01:11 PM by jmembery

There are two possibilities.

1) He did not make a claim at the time.

If this is the case then I am sorry but there is nothing that can be done from an HB point of view at this late stage.

2) He did make a claim.

To have achieved this, his claim must have been received by the LA or Jobcentreplus. If a claim was received then one of these organisations should have a record of it.

My first step would be to contact the LA concerned and Jobcentreplus and ask if they have a record of the claim being made, and if so what happened to it.

Your next step will depend upon their response, but if neither have a record and your client cannot quote chapter and verse about how he remembers making the claim, i.e there where and when, then again I am afraid there is not much that can be done at this stage.

It would be worth checking what the JC procedures at the time were meant to be. The absence of any record could be countered by evidence that they were supposed to do this, if they were then either way there would be error.