Council will not let me apply for housing benefit on ESA

Hi

I’m a multiply neurodivergent autistic woman with a cooccuring mental health condition and have been on irESA (in the support group on a severe disability premium) for over a decade and am an owner occupier of a 1 bedroom flat in an old building.

The building is falling into a state of disrepair and the buildings insurance cost has jumped dramatically, making my House Service Charge that much more expensive; so would like to apply for Housing Benefit HB, if I am in fact eligible.

When I rang Kirklees Council (West Yorkshire), they said I could no longer apply for HB because I’m on ESA and am in an age group they no longer allow HB applications for - I’m 52. They said I would need to instead apply for UC and get help for my housing related costs that way.

I have not as yet received a migration notice and do not wish to migrate prematurely, as it won’t be classed as ‘managed migration’ and fear losing my transitional protection.

Furthermore I have read, that people on UC are not eligible for the housing element until after a wait period of 9 months.

My main questions are:

1. Are owner occupiers on irESA generally speaking eligible for HB for housing related costs?

2. Do Kirklees Council have a legal right to refuse a HB application given I am a irESA recipient?

3. Is needing HB deemed to be a ‘change in circumstances’ for DWP purposes? (Assuming this may be their reasoning for not allowing me to apply for HB through themselves).

4. When I eventually go onto UC through managed migration, will I need to wait a full nine months to apply for the UC Housing Element? Or does that rule only apply to ‘new claims’ from scratch for UC.

4. What would you do in this situation?

Thanks in advance for any input / suggestions.

Camellia

Thanks David for your very helpful reply.
I’ll check out the links and 🤞 the application made now will link in with my future UC claim.