Good afternoon

DWP contacted me this morning to confirm it was conceding a Universal Credit housing costs appeal after being directed by a Judge to respond to our written submission.

The case concerned Mr X, a vulnerable claimant with both physical and mental health issues. He had already established entitlement to Housing Benefit for many years before being migrated to Universal Credit in March 2025. On the same long-standing tenancy facts, DWP then refused to include the housing costs element in his UC award.

That refusal was a real shock to the claimant and caused understandable worry for him and his family support. The absence of housing costs meant arrears began to build, and by the time advice was sought, both the claimant and his landlord had largely given up hope of the rent ever being paid, despite a long and clear history of Housing Benefit being paid on the very same rental liability.

Why the decision was flawed

Instead of immediately appealing, we first tried to persuade DWP’s Manchester hierarchy that the decision had been handled poorly and should be revised without the need for a tribunal. The submission pointed to several obvious mistakes, including factual misunderstandings about the property, an unsustainable reliance on alleged contrivance, and a failure to give proper weight to the claimant’s long-standing Housing Benefit entitlement.

The tenancy had existed for years before Universal Credit migration. Rent had been accepted as eligible under Housing Benefit for a prolonged period. There had been no material change that justified DWP suddenly treating the arrangement as non-commercial or contrived.

Appeal should never have been necessary

In our view, the case should never have reached the appeal stage. The decision was indefensible once the facts and law were properly examined. The eventual appeal was also late, reflecting the fact that the claimant and his landlord had both lost confidence that DWP would correct the position voluntarily. Unfortunately, as members will know, DWP can sometimes raise the white flag only months later, when a more experienced or careful officer finally reviews the papers.

That is what happened here. After the Tribunal required DWP to answer our detailed submission, DWP conceded the appeal. Housing costs will now be awarded and backdated to March 2025, when Mr X migrated to Universal Credit.

Outcome for the claimant

The arrears generated by the backdated award should clear the claimant’s rent arrears. Mr X was delighted and relieved by the outcome, as was his family support. Credit is due to his sister, who sought advice and was persuaded to allow me to assist. But for her perseverance, Mr X would most likely have had to move from the property.

Regrettably, it took around seven months to secure the correction of an error that should have been apparent much earlier. The case is a useful reminder that where a claimant has a long-established Housing Benefit history, DWP should not lightly refuse Universal Credit housing costs without properly examining the facts, the law, and the evidence. it’s also a further example of how a sometimes poor administration of Universal Credit creates unnecessary rent arrears that can threatem the sustainment of the tenancy.

Practice point for members

Where DWP refuses the housing costs element after managed migration, always check the claimant’s previous Housing Benefit history, the tenancy documents, rent payment record, and whether there has been any real change in circumstances. If there has not, the earlier HB entitlement may be powerful evidence that the UC housing costs refusal is flawed. if you need any assistance with this or any other type of UC/HB dispute, please get in touch bill@ucadvice.co.uk or phone 07733 080 389.

Regards

Bill Irvine

UC Advice & Advocacy Ltd

www.ucadvice.co.uk