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Housing benefit shortfall during UC migration

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4 months 1 week ago #297580 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.

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4 months 1 week ago #297582 by David
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

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4 months 1 week 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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3 months 3 days ago #298236 by Amybutt
Replied by Amybutt on topic Housing benefit shortfall during UC migration
Hello, my daughter has just given me an update on the query detailed above .
She has been turned down for DHP on the grounds that the shortfall is for service charges which cannot be covered by DHP.

The service charges (it’s a housing association property) were previously covered by HB.
She is not even sure if it is correct that the shortfall is down to service charges as UC have told her that the shortfall is caused by the rent being for 53 weeks and they will only pay 52.
And there are also the arrears accumulated when she didn’t get HB during the process of migrating to UC.
Someone did mention to her that she will get transitional protection, but she doesn’t know if that means the shortfall will be covered eventually . She is still receiving demands for payment

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3 months 3 days ago #298238 by David
Hi Amybutt,

The DHP guide states the following regarding Service Charges --
Annex B: What DHPs cannot cover
1. The Discretionary Financial Assistance Regulations 2001 precludes the following elements of rent, and shortfalls in HB or UC, from being met by a DHP:

Ineligible charges
2. Service charges which are ineligible for HB cannot be covered by a DHP. These are as specified in Schedule 1 to the Housing Benefit Regulations and Schedule 1 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations. Examples of ineligible services charges are charges in respect of:

the acquisition of furniture or household equipment; and
the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord
Charges for water, sewerage, and environmental services – as defined and calculated under the HB provisions. The service charge rules for UC can be found in the Universal Credit Regulations 2013, Schedule 1

David

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