housing benefit universal credit esa

pabab22

hi i have just been made homeless, i got told im in priority of need, and they offered me a place, i have excepted the property, currently where i live im not claiming hb, and im on esa support group and im also on pip both lower components, i have been told this is temporary accommodation in writing but could also possibly be settled accommodation, my question is will i need to claim universal credit or could i claim housing benefit and stay on my employment and support allowance any answers would be great thank you.

poppy123456

If it’s temporary accommodation then you need to claim housing benefit for help with the rent. If it isn’t the you’ll need to claim UC. 

First thing you need to do is find out exactly what it is. 

pabab22

@poppy123456 thank you so much ill find out, all i know at the moment is that they are calling it temporary accomodation but it could be a place i live for a while thank you for your comment, 

calcotti

If it is temporary accommodation found for you by the local authority you will need to claim Housing Benefit. If the local authority have been helping you I am surprised they have not discussed this with you. If you've had a housing officer contact them and ask them to help.

How were you paying your rent previously?

pabab22

@calcotti thank you so much for your comment, i have a housing officer and a team who help me at the moment, i was told because i dont claim hb at my current address, i would need to claim universal credit for my new address, i have been told in writing that i will be given interim temporary accommodation, they never said its settled accomodation, but if i like the place i can stay there, at the moment i pay rent out of my esa, as ive asked for advice on here before and got told im not entitled and i also asked citizens advice and they gave the same advice as you, the officer who is helping with the benefit side, said i have to claim universal credit when i move is this true thank you for your time.

calcotti

pabab22 said:..the officer who is helping with the benefit side, said i have to claim universal credit ..

Not if it is officially temporary accommodation. It will depend on exactly how the local authority are classifying the accommodation.

pabab22

thank you @calcotti i will find out and speak to someone thank you for your help,

calcotti

https://www.gov.uk/housing-benefit

If you’re in supported, sheltered or temporary housing
You can make a new claim if:

• you’re living in temporary accommodation, such as a B&B arranged by your council

• you’re living in a refuge for survivors of domestic abuse

• you’re living in sheltered or supported housing (such as a hostel) which provides you with ‘care, support or supervision’

If you do not get ‘care, support or supervision’ through your supported or sheltered housing, you can apply for Universal Credit to help with housing costs.
If you’re in supported, sheltered or temporary housing, you can apply for Universal Credit to help with other living costs.

poppy123456

pabab22 said:

at the moment i pay rent out of my esa, as ive asked for advice on here before and got told im not entitled and i also asked citizens advice and they gave the same advice as you

That's not what you were advised in your previous thread here. https://forum.scope.org.uk/discussion/84909/awarded-sdp-and-am-getting-an-arrears-payment-of-over-16-000-what-would-happen-if-i-claimed-uc#latest

You were advised at the time that you couldn't start a new claim for housing benefit, unless you were living in temporary housing. You could have made a claim for UC for help with the rent but this would have ended any entitlement to Income Related ESA.

pabab22

@calcotti thank you for the info very helpful 

pabab22

@calcotti thank you for the old thread, i was just clarifying that i would not need to claim uc as i thought and now that im in temporary accomodation, it looks a though i could claim hb, i was just unsure because of what was advised and what i was told by my officer

calcotti

If you have been placed in a B&B it will clearly be temporary, some local authorities have short satay hostels - that too would likely be temporary. If on the other hand they have put you in a council flat, even if they have said you may not be able to stay there, then it probably wouldn't be temporary accommodation for HB/UC purposes. You need to clarify ASAP and then make a claim.

If you have to claim UC then your income based ESA will end.

pabab22

@calcotti it is a flat, i will  have to claim uc, thank you for your help 

calcotti

pabab22 said:

@calcotti it is a flat, i will  have to claim uc, thank you for your help 

Double check with housing officer but in that case I think it is likely that it will be UC you have to claim.
As advised before your ESA Support Group status should be transferred across as LCWRA in UC. If you are still getting SDP in your ESA you will get SDP transitional element in UC too.
If any of your ESA is contribution based that will continue but be deducted from the UC.
How much capital do you now have? Any remaining period of disregard for the arrears payment you had should be carried over to UC (although I have no idea how good they will be at dealing with that).

pabab22

@calcotti i am on income related esa, and have under £5000, i am still recieving sdp one other question i would like to ask is, do you mean  i will be entilted to the £354 or the £132 for having a disability? i wasnt sure about this thank you.

pabab22

@calcotti sorry i think you already answered the question thank you so much 

calcotti

pabab22 said:

@calcotti i am on income related esa, and have under £5000, i am still recieving sdp one other question i would like to ask is, do you mean  i will be entilted to the £354 or the £132 for having a disability? i wasnt sure about this thank you.

I would expect you to get the standard allowance £334.91 if you are aged 25 or over, the LCWRA element £354.28 (because you are transferring from the ESA Support Group), the housing element for your rent (capped at whatever the one bedroom Local Housing Allowance rate is) and the SDP transitional element of £120 (if applicable).

Note that after the award has started any increase in other elements will reduce the SDP element.

pabab22

@calcotti thank you very much very helpful thank you