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Will Grant & Insurance Payment Affect Benefits?

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2 weeks 4 days ago #297449 by KatieE
My home was flooded recently which has left my home uninhabitable, local council being absolutely useless & I'm currently having to live 100 miles away from my home with my parents in England (I live in Wales). Council told my they wouldn't help with temporary housing as I'm not technically homeless, but didn't ask about any vulnerabilities, and I'm really looking forward to the 200 mile round trip to pick up my prescription, but the problems with the council aren't exactly why I'm here...

The local.council have offered a £1000 grant for homes affected.

I'm also self employed and lost stock as a result of the flooding.

If I get the grant, and put in a successful claim for my business insurance to cover loss of stock (less than £2000 maximum one off payout) would this affect my Universal Credit and ESA?

The flood has wiped out everything in the kitchen & bathroom, which I will have to replace using the grant, and I've lost earnings as a result of the council refusing to help with temporary accommodation, the last thing I need is for the DWP to stop my benefits because of this.

Thanks for any advice!
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2 weeks 4 days ago #297457 by David
Hi KatieE,

I can't imagine from what you say any problems with UC.
Have you had the self employed Gateway interview? Has the Work Coach told you that you fall under the Gainfully Self Employed criterion and given you a Start Up Period ?

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KatieE
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2 weeks 3 days ago #297461 by Freedricka
Replied by Freedricka on topic Will Grant & Insurance Payment Affect Benefits?
Your council grant should be temporary disregard for a year as a local authority payment. By default your insurance payment will be disregarded for six months but you can ask for this to be extended if you can show it's reasonable e.g repairs take longer than six months. Unless your on income related ESA. Your ESA will not be affected
The following user(s) said Thank You: KatieE
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2 weeks 3 days ago #297464 by KatieE
I have monthly meetings with my work coach, but because I'm in the limited capability for work group, things are different?

I declare my earnings each month and such still, but the way that it was set up was slightly different.

Now I'm getting issues with universal credit because I'm unable to live in my house and because citizens advice told me to update my correspondence address, they're kicking off about the housing element.

Apparently the whole situation isn't stressful enough as it is? :cheer:
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2 weeks 3 days ago #297467 by David
Hi KatieE,

As you have Limited Capability for Work you have an enhanced self employed status with UC which means you won't have the Minimum Income Floor applied.

You are allowed to be away from home whilst the residence is being cleaned etc following flooding and you can claim Housing Costs. There is this very informative guide regarding renting following a flood from Housingsystems.co.uk www.housingsystems.co.uk/Portals/0/Docum...xceed%20six%20months.

The section on UC and flooding starts at page 8-
"So, whether a tenant is able to get the Housing Costs Element included in their Universal Credit
award on the property that has been flooded will depend on:
1. Whether they are liable for rent elsewhere (the Housing Costs Element can only be paid in
respect of one property in these circumstances ie no provision to help with the rent on two
homes).
2. Whether the landlord can legally charge a rent on the flooded property (no legal liability, no
Housing Costs Element).
3. Whether the tenant intends to return to the property (if not, the Housing Costs Element in
respect of the flooded property cannot be included in the UC assessment in the monthly
assessment period in which the tenant decides to move out permanently – there is no
provision within UC to get help with paying the rent for any notice period).
4. Whether the tenant returns to live in the property as soon as all the ‘essential repairs’ are
complete (if they delay moving back, a Housing Costs Element may not be included if they
could be living in the property but choose not to).

And how long the Housing Costs Element can be awarded will depend on whether the tenant is
falling under the ‘essential repairs’ rules (no time limit as long as the reason for being away from
the flooded property is to allow ‘essential repairs’ to be completed), or the temporary absence
rules (six months maximum as long as tenant intends to return to the property within six months).
For further information / discussion see section on Housing Benefit – and whenever ’13 weeks’ is
mentioned read as ‘six months’ instead."

Note: You can quote the UC regulations in italics through a Journal message if a Work Coach attempts to obstruct your Housing Costs.

Let me know how you get on.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KatieE
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2 weeks 3 days ago #297493 by KatieE
So I quoted that, and the reply I got was this -

"Hi
We did advise you to ensure that you uploaded the specific evidence requested to avoid your claim being affected
You have failed to provide the evidence requested.
Do you want the case referred to the Decision Maker with the generic information booklet you have uploaded and screenshot of CAB information only or would you like us to set a to-do for you to upload what was requested?
The concern is that you have not provided sufficient evidence to support your case but if you choose not to provide the information requested we can refer the claim today"


The list of 'Evidence' they want from the landlord is ridiculous, and they won't have most of it anyway. The letting agent is dealing with a number of properties that have flooded and not just mine. I've explained that the insurance are dealing with it and there's no further update at the moment.

I only wanted to update my correspondence address temporarily and as a result they're threatening to stop the housing element of my universal credit because now apparently the DWP decide if you should be paying rent or not? Its absolutely ridiculous and I really wish I hadn't bothered now.
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