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Help: HB in two local authorities

lost in Granite
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Training and Appeals team, glasgow city council welfare rights

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Total Posts: 75

Joined: 11 March 2015

I have been asked by a colleague to post this question

is it possible for a client to qualify for HB for 2 properties in 2 separate local authorities, 1 being where he normally resides the other being a temporary residency (rehab) without affecting his weekly benefit ie ESA/PIP etc?

“Client who was in receipt of ESA(IR) with LCWRA & SDP, along with ERDL & SRMC PIP & had a rented flat in Glasgow renting from Housing Association (HA) with Housing Benefit (HB) & Council Tax Reduction (CTR) in payment, through the whole period of this entry.
He was accepted into an Drug & Alcohol Rehab in Greenock (Inverclyde Council) from 28/7/2021 – 22/11/21 (1st time) it would appear PIP & Glasgow City Council (GCC) Housing Benefit (HB) section were notified and requested info from both the Rehab & DWP PIP. HB was paid to the Rehab for his residency and (HB) was paid for his flat in Glasgow and the client continued to be paid ESA through-out & finally he his (HB)(CTR) continued on his return on 22/11/21.
He was accepted into the same Rehab for a 2nd time from 19/12/22 – 14/4/23, on this occasion, despite (GCC)(HB) section being notified both via the Atlas record from the DWP & (HB) matching in service, (GCC) took until 14/4/23 to take action to stop this client’s (HB) and find he had been overpaid. This client was also advised that he would no longer be able to claim (HB) again on his return to his flat Glasgow in April 2023 and in order to cover the cost of his rent would have to claim Universal Credit (UC) for housing costs. This client appealed against the (HB) overpayment, (GCC) (HB) section applied Reg 7(6) HB reg and reduced the overpayment by 1 month allowing (HB) from 19/12/22 to 16/1/23, with the remaining period – 17/1/23 – 14/4/23 still recoverable.
The (HA) applied and obtained a payment from the “Dual Housing Support Fund” to cover the cost of the (HB) overpayment and they paid (GCC) in April 24, but (HB) appeals section could not lapse the appeal, so it continues.

 

Prisca
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benefits section (training & accuracy) Bristol city council

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short answer - i dont think it should ever have been paid at both properties - the rehab wasn’s main residence ( because he still had a HA property which he was tempriarily absent from.
If he got HB at the rehab place (assuming its supported hence why eligible for HB) then the claim for the HB property would beed to end - he doesnt fall into any of the crtieria for HB on 2 homes.  If he then returned to the HA property, he cant majke a new claim for HB so would need to claim UC to cover his housing costs

lost in Granite
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Training and Appeals team, glasgow city council welfare rights

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Total Posts: 75

Joined: 11 March 2015

thank you for your response, my colleague agrees with you.