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Backdating housing benefit

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  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
    Hi @MarkH73

    Just wanted to wish you all the best with this. You have our full support and let us know how you get on. I hope the advice above has helped you.
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  • Adrian_Scope
    Adrian_Scope Posts: 10,824 Scope online community team
    edited January 2021
    Hi @MarkH73
    I was involved with a very similar case to yours (and know of one other). Sadly as illogical as it seems they each had to pay back the full amount of UC (including housing element) and then claim backpay from Housing Benefit and ESA etc.
    Could you confirm that your ESA claim has been reinstated, with SDP on top and your UC claim closed? 

    I definitely agree that specialist advice is needed here. Have you managed to get support from CAB or Welfare Rights? 
    Community Manager
    Scope
  • MarkH73
    MarkH73 Community member Posts: 36 Connected
    Still waiting on an appointment with cab and this week supposedly get confirmation of esa n sdp then i can put in housing benefit forms then see what happens from there but i will keep you updated thanks 
  • Adrian_Scope
    Adrian_Scope Posts: 10,824 Scope online community team
    I know you claimed UC in March 2019 when you lost ESA, but if you had SDP before that, it's my understanding that it still should have applied to your Housing Benefit so they should never have let you claim UC at all @MarkH73.
    It might be worth you challenging the decision for your Housing Benefit to end - obviously it ended because you claimed UC, but the argument is that you shouldn't have been able to claim UC, so your HB shouldn't have ended.
    Point 3 here may be of use to you: Changes to the Severe Disability Premium Process

    Best of luck and please let us know how you get on. 
    Community Manager
    Scope
  • MarkH73
    MarkH73 Community member Posts: 36 Connected
    Yes its basicly taken them over a yr n haf to come up with this offer as i was supposed to be still getting sdp and yes they shouldn't have put me on uc but they should have put me on old style  jc ( as ive found out recently) then id still have claimed local authority housing but im going to phone dwp up and ask them if i can dispute housing part uc and put thst psrt on hold until it has been sorted out ( wnt hold my breath for an agreement lol ) but no harm in asking i suppose but thank you and all on here fir your advice and guidance....very much appreciated 
  • MissA83
    MissA83 Community member Posts: 21 Listener
    Hi,
    Don't know if you have sorted out your benefit situation yet.
    It is worth noting that all Government agencies are suppost to have 'due regard' or look into how their decision is going to affect you. This is because the Public Sector Equality Duty says they must. This is under the Equality Act 2010. If they can't show that they have done this then they have broken the law. You are entitled to compensation for this.
    I don't know if this is helpful to you but it might help them hurry things along.
  • MarkH73
    MarkH73 Community member Posts: 36 Connected
    Oh right thanx for info and no ive got to phone esa back up o  friday as ive asked them for paper work to add to housing application so will update once i know what's going on...but thank you again knowledge is power as they say 
  • MissA83
    MissA83 Community member Posts: 21 Listener
    Ask them if they can send you a copy of your conversations just in case you need to prove what was said. I always write down the date and time I called them to prove that I have called so they can't say you haven't.
    I have speech difficulties and cognitive difficulties so I can't always remember what was said. It's good to have something written down so you can refer back to it. I email if I can as I can't call them anymore due to my disability getting worse. If you have something written down you can't be taken advantage of either.
  • MarkH73
    MarkH73 Community member Posts: 36 Connected
    Yes o keep a record of calls and what was discussed and with whom but its always good to remember keep a record thsnk you
  • MissA83
    MissA83 Community member Posts: 21 Listener
    Sorry if I sound patronising.
    I have been taken advantage of in the past. I don't want it to happen to anyone else.
  • MarkH73
    MarkH73 Community member Posts: 36 Connected
    No no youre not so dnt worry ....its good to keep info out there n fresh in people's minds...?

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