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Housing benefit shortfall during UC migration
- Amybutt
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1 week 6 days ago #297580 by Amybutt
Housing benefit shortfall during UC migration was created by Amybutt
Hi.
My daughter is experiencing the above issue. For context she is disabled , a wheelchair user and receives PIP HR care and mobility. Lives in an adapted Housing Association property in Hertfordshire with her partner and 4 kids aged 3-11. Two of her children are disabled, (one in receipt of dla).
Her current issue relates to HB /discretionary housing payment.
Her query is below in her words:
‘We have arrears of £450 rent left from housing benefit due to them always paying in arrears, we also will have an additional shortfall of £50 not covered by the UC payment during our migration time - other things will be backdated but not this as it is a discretionary housing payment shortfall. We however cannot apply for the DHP until fully migrated to UC and DHP only pays for future rent not past arrears. We are being told we will have to pay the arrears ourselves. But in future we will be covered. Is this information correct? Or should this be covered eventually?’
She has just received confirmation that first UC payment will be 12 Dec . Thank you.
My daughter is experiencing the above issue. For context she is disabled , a wheelchair user and receives PIP HR care and mobility. Lives in an adapted Housing Association property in Hertfordshire with her partner and 4 kids aged 3-11. Two of her children are disabled, (one in receipt of dla).
Her current issue relates to HB /discretionary housing payment.
Her query is below in her words:
‘We have arrears of £450 rent left from housing benefit due to them always paying in arrears, we also will have an additional shortfall of £50 not covered by the UC payment during our migration time - other things will be backdated but not this as it is a discretionary housing payment shortfall. We however cannot apply for the DHP until fully migrated to UC and DHP only pays for future rent not past arrears. We are being told we will have to pay the arrears ourselves. But in future we will be covered. Is this information correct? Or should this be covered eventually?’
She has just received confirmation that first UC payment will be 12 Dec . Thank you.
- David
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1 week 6 days ago #297582 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Housing benefit shortfall during UC migration
Hi Amybutt,
To answer your question: No, that is not correct. A DHP can be granted to cover rent arrears.
The Discretionary Financial Assistance Regulations 2001 stated the following at paragraph 20 -
" The DFA regulations require that a DHP can only be considered for a period where the linked HB or relevant award of UC is payable. This is of particular relevance to requests for a period of backdated DHP, since backdating cannot cover arrears accrued while not in receipt of these benefits.”
So as long as the tenant was in receipt of HB or UCHC element at the time the arrears accrued then a DHP can be considered.
Here is the link to the Discretionary Housing Payments guidance manual.
www.gov.uk/government/publications/discr...ents-guidance-manual
David
To answer your question: No, that is not correct. A DHP can be granted to cover rent arrears.
The Discretionary Financial Assistance Regulations 2001 stated the following at paragraph 20 -
" The DFA regulations require that a DHP can only be considered for a period where the linked HB or relevant award of UC is payable. This is of particular relevance to requests for a period of backdated DHP, since backdating cannot cover arrears accrued while not in receipt of these benefits.”
So as long as the tenant was in receipt of HB or UCHC element at the time the arrears accrued then a DHP can be considered.
Here is the link to the Discretionary Housing Payments guidance manual.
www.gov.uk/government/publications/discr...ents-guidance-manual
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Amybutt
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1 week 6 days ago #297586 by Amybutt
Replied by Amybutt on topic Housing benefit shortfall during UC migration
Thank you so much. My instinct was that it was wrong, but I didn’t have much to back that up. Much appreciated
The following user(s) said Thank You: David
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