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11 months 3 weeks ago #285925 by Drex
Change of address was created by Drex
Hello all,

Currently on old style income related ESA and in the support group for mental health, claiming Housing Benefit.

Will almost certainly have to move house, would prefer to move within my local authority but not totally sure. Will moving force a move to Universal Credit? Is it different if I remain within my authority. I have been told that moving within my authority will mean I can remain on ESA and Housing Benefit, but also read contradictory information.

Have not been able to get hold of CAB as yet, is it worth consulting a benefits lawyer? Many thanks.

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11 months 3 weeks ago #285937 by Gary
Replied by Gary on topic Change of address
Hi Drex

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

If you move within your local authority area then it would be classed as a change of circumstances and you can stay on Housing Benefit.

If you move to another local authority area and you need to claim for your housing cost then you would have to claim UC and the housing element, once you apply for UC then your IR ESA would cease.

If you do not have to claim help with housing costs then you can stay on IR ESA.

If you have to claim housing costs and move to a new LA area then you need to make sure that you apply for UC before your IR ESA stops, if not you will have to start claiming the LCWRA element from the begining, hand in a fit note and go through the assessment phase. you will loose over £1k in benefits.

As for consulting a benefit lawyer, what do you hope to gain from such actions? We cannot answer this question.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 months 3 weeks ago #285939 by Drex
Replied by Drex on topic Change of address
Thank you very much Gary, have heard contradictory advice.

I think that this is an unlikely scenario but if I temporarily moved in with a relative in a different authority with no housing benefit element would that result in a reduction in ESA?

Would I be able to move back and then start claiming housing again with an uninterrupted ESA claim?

Just checking all scenarios, was panicking about the lawyer.

Thank you.

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11 months 2 weeks ago #286016 by Gary
Replied by Gary on topic Change of address
Hi Drex

A move to UC has nothing to do with ESA, it is all about claiming HB. Nearly all new potential HB claimants will be rejected, the claimant will be told to apply for UC and claim the Housing Element.

As soon as you claim UC, your IR ESA will stop even if you stayed in the same local authority, so the answer to your question is ...... no, you would not be able to claim HB again, if you cancel your original HB claim.

Once you apply for UC you cannot not go back to legacy benefits.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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