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Change of Circumstances Triggering Forced UC Application
- Somerset Carer
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1 month 2 weeks ago #293641 by Somerset Carer
Change of Circumstances Triggering Forced UC Application was created by Somerset Carer
Hi
A month ago, my daughter's tenancy with Southwark Council was changed from temporary to permanent in the same flat and she was delighted. However, the housing department then informed her it was stopping her housing and council tax benefits because of her change of circumstances and she would have to apply for Universal Credit to meet her housing costs. I spoke to my local council housing department who said they didn't consider that was a change of circumstances because she has stayed in the same flat and they would merely update the information on their computers and she would continue getting housing and council tax benefits.
My daughter is on contribution based ESA and basic daily PIP. I thought I read on the Benefits and Work website that if someone was on contribution based ESA they didn't have to undertake a 'natural migration' but could wait until they receive a migration letter and go through a 'managed migration' with transitional protection of their legacy benefits. If she is forced to apply for UC now, she risks losing her legacy benefits.
Last week she contacted the national CAB chat line and someone rang her back who said that the Council had got it wrong and she didn't have to apply for UC but they referred her to her local CAB who got back to her this morning and told her they couldn't find any national guidelines advising that was the case. As far as they could see, she had no choice but to apply for UC now. The national CAB man also told my daughter that the DWP should have increased her ESA once she was awarded PIP and she wonders if that was correct.
Does anyone here have any advice to give that would help my very stressed daughter? She has spent many hours trying to get through to the DWP without success and now has only 2 days left to apply for UC within the 4 weeks' deadline.
Thank you.
Fiona
A month ago, my daughter's tenancy with Southwark Council was changed from temporary to permanent in the same flat and she was delighted. However, the housing department then informed her it was stopping her housing and council tax benefits because of her change of circumstances and she would have to apply for Universal Credit to meet her housing costs. I spoke to my local council housing department who said they didn't consider that was a change of circumstances because she has stayed in the same flat and they would merely update the information on their computers and she would continue getting housing and council tax benefits.
My daughter is on contribution based ESA and basic daily PIP. I thought I read on the Benefits and Work website that if someone was on contribution based ESA they didn't have to undertake a 'natural migration' but could wait until they receive a migration letter and go through a 'managed migration' with transitional protection of their legacy benefits. If she is forced to apply for UC now, she risks losing her legacy benefits.
Last week she contacted the national CAB chat line and someone rang her back who said that the Council had got it wrong and she didn't have to apply for UC but they referred her to her local CAB who got back to her this morning and told her they couldn't find any national guidelines advising that was the case. As far as they could see, she had no choice but to apply for UC now. The national CAB man also told my daughter that the DWP should have increased her ESA once she was awarded PIP and she wonders if that was correct.
Does anyone here have any advice to give that would help my very stressed daughter? She has spent many hours trying to get through to the DWP without success and now has only 2 days left to apply for UC within the 4 weeks' deadline.
Thank you.
Fiona
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- Gary
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1 month 2 weeks ago - 1 month 2 weeks ago #293662 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Change of Circumstances Triggering Forced UC Application
Hi Somerset Carer
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.
National CAB are correct, your local authority is incorrect, you have gone from a temporary tenancy agreement to a permanent tenancy agreement. The rent has not changed, there has been no change in your circumstances. You need to appeal the decision, as soon as possible due to time limits.
By the sound of your post some people in the local authority know what they are talking about, others do not.
Does your daughter receive legacy CB ESA, if she does then what National CAB stated is true depending on her circumstances, she may be able to claim an IR ESA top up if she is in the support group then she may be eligible to claim Enhanced disability premium plus a severe disability premium, but it does depend on her circumstances.
Once your daughter applies for UC she cannot go back on legacy benefits.
To get confirmation about your housing, contact shelter helpline: 0808 800 4444.
Gary
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.
National CAB are correct, your local authority is incorrect, you have gone from a temporary tenancy agreement to a permanent tenancy agreement. The rent has not changed, there has been no change in your circumstances. You need to appeal the decision, as soon as possible due to time limits.
By the sound of your post some people in the local authority know what they are talking about, others do not.
Does your daughter receive legacy CB ESA, if she does then what National CAB stated is true depending on her circumstances, she may be able to claim an IR ESA top up if she is in the support group then she may be eligible to claim Enhanced disability premium plus a severe disability premium, but it does depend on her circumstances.
Once your daughter applies for UC she cannot go back on legacy benefits.
To get confirmation about your housing, contact shelter helpline: 0808 800 4444.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 month 2 weeks ago by Gary. Reason: spelling error
The following user(s) said Thank You: Somerset Carer
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- David
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1 month 1 week ago #293676 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Change of Circumstances Triggering Forced UC Application
If you apply for UC you will lose your transitional protection which you get under managed migration. You can keep your Housing Benefit claim going as in your case if you stay in the same Local Authority area but change tenancy.
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- Somerset Carer
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1 month 1 week ago #293692 by Somerset Carer
Replied by Somerset Carer on topic Change of Circumstances Triggering Forced UC Application
Thank you for your help. Following the information you and the moderator gave me, which was reinforced by the phone call my daughter had with the DWP late yesterday, I approached Southwark housing again and I have just had an email which says they are reinstating my daughter's Housing Benefit. We wonder how many other people have opted to apply for Universal Credit in this situation and lost their legacy benefits as a consequence. Clearer guidance for housing departments is obviously required. I am grateful to the temporary housing team at Southwark for accepting an error has been made and taking swift action to rectify it. I am also very grateful to the Benefits and Work website and moderators for being there!
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- Gary
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1 month 1 week ago #293696 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Change of Circumstances Triggering Forced UC Application
Hi Somerset Carer
Even though your question was outside the remit of the forum, I come across the issue quite frequently in my day job, which was why I answered your post. You have to be careful of time limits.
Gary
Even though your question was outside the remit of the forum, I come across the issue quite frequently in my day job, which was why I answered your post. You have to be careful of time limits.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Wendy Barnard
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- PatGPT
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1 month 1 week ago #293709 by PatGPT
Replied by PatGPT on topic Change of Circumstances Triggering Forced UC Application
Not necessarily, whether you lose transitional protection, depends upon whether you're in receipt of severe disability premium.
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