LA not processing HB claim as no formal ID

Have a client who doesn’t have any formal ID, lost everything after he was cuckooed in January this year.
Submitted claim for his new property including tenancy agreement, bank statements and state pension award explaining why there is no ID. However the LA is currently refusing to budge on the formal ID issue. I have since sent another letter to their head explaining my clients previous history of street homelessness and vulnerability to exploitation. Any law or regs around this would be appreciated.

On the face of it this seems pretty harsh to me at best.

I wonder if something else is going on to raise the HB office’s suspicion. First, the claimant must have passed the NINO requirement so I wonder if the HB authority has decided they have failed to supply ‘reasonably required’ information/evidence under Regulation 67 of the HB State Pension Age Regulations (equivalent to reg 86 for working age), that sets out evidence and information requirements including -

‘to furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required ...’

The HB guidance manual (para 2.350) is of little help to us on what might help. So perhaps we can use more up to date guidance to our advantage even though it is an individualized assessment that is needed - how about suggesting HB looks at using biographical checks as suggested in UC ID guidance.

Otherwise, I guess escalating complaint using local councillor or MP may help to move the issue along, and a judicial review pre-action letter may force action ... so a call to CPAG’s judicial review project is worth thinking about.

Anyone else got other suggestions?

Thanks Stuart. I’m due a call to the LA tomorrow for an update on my letter submitted yesterday. If its not a positive outcome will escalate to the local MP.

I got our LA to pay for a new passport for someone without ID through either the HSF or Local Welfare Fund (it was in a different job and I can’t remember which) when we had a similar issue once. He was a non-British citizen, so it also paid for him to travel to London and back in order to do whatever he needed to do at the embassy. Worth an ask?

Practically- if born in UK also look into quickly getting copy of birth cert?

Legally- the LA need to determine on balance of probabilities if he is who he says he is- the DWP appear to be satisfied of this, as does the bank etc. Seems pretty clear to me they could make that decision without further docs.

I think push them to make a decision - even if they say no can then expedite to FTT who can decide it quick maybe.