Moving triggering an UC claim.

Kitty1

Hi everyone, hope you are all good. I have a query about change of circumstances triggering UC. My son was moved to a different town to temporary accommodation. He was on housing benefit and when he was moved to his new temporary property it didn’t trigger UC. He received housing benefits for his temporary flat. He has now moved into a permanent property just a short distance from the temporary flat- so in the same borough. The council are saying the move to permanent has triggered a change in circumstances and he now has to make a claim for Universal credit. Is this correct? 

I thought that as he received HB in the new town, moving within the same town meant change of address under HB and not change of circumstances. I am hoping that he can stay on HB as he is worse off under UC. Thank you if anyone knows. 

poppy123456

I see from your previous thread that before he was living in the temporary flat he was living in a completely different local Authority, is that correct?

If so then the only reason he was able to claim housing benefit in his temporary flat was because it was temporary. 

Now he’s moved out of that accommodation then he will need to claim UC for help with any rent because housing benefit will now end completely for him. 

Adeline

Why is he worse under UC? I thought it quite rare to be now 

poppy123456

Adeline said:

Why is he worse under UC? I thought it quite rare to be now 

It's because their current ESA includes the SDP. Those that are claiming this will be worse off when claiming UC through natural migration. SDP transitional protection doesn't pay as much as the SDP does. (if they are in the Support Group for ESA)

I wouldn't say it's quite rare for someone to be worse off because it definitely happens quite a lot through natural migration.

The only time someone is guaranteed not to be worse off when they claim is through managed migration.

Biblioklept

poppy123456 said:

I see from your previous thread that before he was living in the temporary flat he was living in a completely different local Authority, is that correct?

If so then the only reason he was able to claim housing benefit in his temporary flat was because it was temporary. 

Now he’s moved out of that accommodation then he will need to claim UC for help with any rent because housing benefit will now end completely for him. 

I get that's why he was able to claim HB in a new area because of temporary accomodation, but if his new permanent address is in the same LA as the temporary, wouldn't there be an argument for still remaining on UC? Because he's not moving out of of LA this time and is already a HB claimant. 

poppy123456

I really don't think so because the housing benefit would just end once he moves out of the temporary housing. If the temporary housing had been in the same LA as he was in prior to living in temporary housing then it would have been different.

I'll tag a member of the team to ask for their advice. @Adrian_Scope can you help here please?

Kitty1

Thanks for the replies. He was in temporary in his previous LA area. Then because someone in the place was violent towards him he was moved and he asked to go out of area. He was put into temporary accommodation in the next town. The new council accepted they had a duty to house him and he got HB on his temporary flat in his new area for nearly five months and stayed on his legacy benefits. So he was in receipt of HB in his new LA area. Now he has his permanent flat in the same area as his temporary flat they are saying he should make a new claim for UC. But I thought if he was in receipt of HB for the last five months and is now staying in the same LA area he might be able to stay on legacy. 

Yes he is on ESA support group. 

Adrian_Scope

Hello @kitty1 (and thanks for the tag @poppy123456). I'm sorry I'm only just seeing your post now.

Have you had any update at all? I believe if there are no gaps between the properties so no gaps between claims it should be possible to remain on housing benefit but this isn't a situation I've come across before.

I will speak to a colleague (it won't be until Tuesday now) and get back to you. Has he done a benefit calculation to ensure he would be worse off under UC?