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Two week run on of Housing benefit when claiming UC

Reddragon69

hello, I moved from one council area to a different one on 30 May 2024. I had to make a claim for UC as I was on legacy benefits, including housing benefits. I have been paid housing benefit from 3/6/24 to 17/6/24. Which I thought was the two week run on. But I have received a letter asking me to pay this back. I wrote to them to ask them to check that it was correct as I thought it was the two week run on. They have replied and said because I moved on 30/5/24 I had no rent liability and so I need to pay it back within 14 days.

Have I got this wrong? Is it because it’s a different council. In my new council area, I have had rent liability since 28/5/24, when I signed my new tenancy agreement. I am not entitled to the two week run on of housing benefit? I am unable to ask the new council to pay it as I am unable to make a claim for HB. I made my new claim for UC on 30/5/24, which is the date we moved in but I told them that I had signed new tenancy agreement on 28/5/24. It’s confusing so I would be grateful for any advice or clarification, if I have got this wrong. Thank you.

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Comments

Meg24

Giving this a bump as unanswered. Hopefully on of the mods can help you soon, good luck.

Reddragon69

thank you

Albus_Alumni

Hey @Reddragon69 I'm sorry to see no one's been able to answer your questions, I unfortunately dont know a huge amount regarding housing, but hopefully now this has been pushed further up the page, someone will see it and have an answer for you soon. :)

Kimi87

The old Council are correct that you had no rent liability from 30/05/24. So not entitled to hb after this date.

That claim should have ended on 30/5/24, a two week run on of hb doesn't apply in these circumstances when you move.

On 29/5/24 you were entitled to hb.

On 30/5/24 you claimed UC and have been paid housing element for that date.

When did you inform old Council that you were moving 30/05/24?

Reddragon69

hi, Thankyou. I informed them around a week later after I moved out. I don’t understand as I thought once you moved from Legacy to IC you would receive a two week run on in HB. I got the two week run on in my ESA. It says on the Government website. I am not understanding why my circumstances are different, I’m sorry. I must be missing something.

poppy123456

I know it's 100% possible to get the 2 week run on in these circumstances but I can't for the life of me remember what you need to do. This is why I didn't respond to you earlier. Please bear with me and I'll find out for you.

Kimi87

You are quite correct, I've failed to remember that.

Reddragon69

please don’t bother yourself tonight. It’s late and I can wait. Thank you

Adrian_Scope

Good morning @Reddragon69.

If you'd claimed UC the day before moving out, the run on would definitely apply. However, there is conflicting information as to whether it should apply when you move and claim UC in a new LA on the same day and I haven't been able to find a definite answer for you.

However, you may have good basis to challenge the overpayment . If you've declared everything correctly and the council are saying they mistakenly paid you, then you could argue you shouldn't have to pay it back because of their error. https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_overpayments

Housing Benefit and legacy benefits have more favourable rules on overpayments compared to UC so it's worth exploring.

Reddragon69

thank you for the information. I appreciate your looking. I have found conflicting information too so good to know I can challenge it. Thanks again.