Housing Benefit stopped by DWP

Has there been a UC claim?

No - no UC claim has been made

I’m wondering if she was on a passporting benefit, maybe IS as a carer?
If so, it may be that entitlement to the passporting benefit has ended, triggering the end of the HB claim.
This would mean that she would need to challenge (if challengeable) the decision to terminate the passporting benefit, which might, potentially, get HB reinstated.

Hi

As far as I am aware no previous passporting benefit - and my contact at the local authority would have told me if that was the issue.

But even if she was then the process should have been that the local authority requested further information to establish if she still had entitlement to housing benefit - not the DWP.  The DWP wouldn’t have told the LA to end the claim.

And if she didn’t provide that information and benefit was stopped then she would need to request a reconsideration from the local authority and not the DWP, if she had good cause for not providing it / providing it late.

If that was the case, shouldn’t HB have suspended her claim, and seek evidence she was still entitled?

If she is entitled without a passport the appeal should go to the LA, no?

EDIT: ignore, posted at the same time as JayKay’s response.

JayKay - 30 March 2022 04:21 PM

Hi

But even if she was then the process should have been that the local authority requested further information to establish if she still had entitlement to housing benefit - not the DWP.  The DWP wouldn’t have told the LA to end the claim.

Except that, without an existing legacy benefit in payment (if a passporting benefit had ended), I’m not sure how she would remain entitled to HB and why, therefore, they would need to know her circumstances?

Update, only for new claims rather than CoC’s apologies!

[ Edited: 30 Mar 2022 at 05:01 pm by HarlowAC ]

I have two theories.

The first is that the claimant was only entitled to HB as a result of a premium driven by something like PIP, and without that premium their income is too high for them to qualify for HB - especially likely if there are non-deps on the scene.

The second is that this case was identified as high risk under the award accuracy initiative (there’s actually a thread about this from yesterday and this could be the perfect case with which to answer it).  The DWP has given local authorities some money to carry out ground-up reviews on cases which they (the DWP) have identified as high risk by algorithm - the Council has no say over the identification, it’s a condition of the funding that DWP picks the cases.  The Council then contacts the claimant asking for up to date evidence and, if the claimant does not reply, HB can be suspended and eventually terminated.  If that is what has happened here, the Council is not correct: all DWP has done is say “review these cases”, it is up the local authority to manage the process from that point on and in particular to apply the normal procedures and time limits governing information requirements.  Termination of HB is always a decision made by the Council.

I have just received the suspension and termination letters from the LA.

The suspension letter says that benefit has been suspended as she hasn’t provided info to the DWP and asks her to contact them (but gives no contact number - and the contact number that the LA gave me comes back as not in service)

The termination letter says that benefit has been stopped because she hasn’t provided info to the DWP

I still haven’t been able to get any details about what information was requested.

The letters have the standard wording on them re appealing - no mention that this has to be to the DWP

Having done some digging I agree with HB Anorak - it looks like an award accuracy review to me.

But the information that they are giving to the customer and others that she needs to challenge it via the DWP is wrong (and given that she is now 9 days outside the one month appeal time limit I will be adding it as good cause for a late review request).

I’ve now been given a mobile number for the DWP case manager so I will be ringing them to find out what exactly has gone on to date and if they requested information and if so what information they requested

And I have full details of current income and there is still HB entitlement - the amount in payment before suspension was correct.  No changes of circs for a long time.

I’ve had further contact from LA

It’s not a HBAA review.  It’s a DWP benefit review - which they say the DWP lead on and that they ‘have to do what the DWP tell them’.

Does anyone have any links to guidance on the reviews?

(and I’m sure I remember case law around LAs having to come to independent decisions and not just follow DWP decisions - but from a long time ago so may not be relevant any more even if I can find it)

I had something similar about eighteen months ago: https://www.rightsnet.org.uk/forums/viewthread/16539/

The benefits department quickly agreed that they didn’t have a power to suspend or terminate the award once we looked at it a bit more closely. The key was really seeing the suspension letter which said it was being suspended under Reg 11 of the D&A Regs, and the termination letter which was vague.

JayKay - 30 March 2022 04:52 PM

But the information that they are giving to the customer and others that she needs to challenge it via the DWP is wrong (and given that she is now 9 days outside the one month appeal time limit I will be adding it as good cause for a late review request).

Not that it really matters very much when you’re so close to the time limit, but I’d say this sounds like official error so it’s open to any-time revision anyway.

Housing Benefit simply cannot be stopped by the DWP .  The DWP may end a passporting benefit if it was in payment but even that of itself will not end HB (CH/3736/2006 and CH/1664/2009)

The LA is not bound by the DWP’s determinations regarding the passporting benefit and should make its own decision on the evidence before it (AM -v-Chelmsford Borough Council (HB)[2013] UKUT 245 (AAC) )

If the LA fails to inform your client of the right to appeal a decision to terminate HB, then you can argue that the clock has not started to run for the time limt to appeal (R(P)1/04 paragraph 29)

For good measure here is R(P)1/04

I would not bother asking this Council to “reconsider” just submit an appeal

They can reconsider if they want to but if you submit an appeal and the LA continue with their stance , send a copy of the appeal direct to the Tribunal and ask for Directions (cite R(H)1/07 as authority that the Tribunal has jurisdiction even where the Council has not referred the appeal)

Thank you all for your input