Good morning

Our clients at Albyn Housing Association (AHA) recently contacted us, seeking support with a tenant’s claim for Universal Credit “housing costs”. The tenant had originally claimed Housing Benefits in November 2023, with the association’s help, on the basis, that the property in question qualified under the “supported accommodation” rather than UC rules. AHA’s assumption HB would apply was based on the Council’s past practice with the same property type; the Council had accepted eligibility. On this occasion, the Council applying a stricter interpretation, decided it didn’t qualify and took 3 months to reach that conclusion, leaving the tenant with ever-increasing rent arrears.

On receipt of the Council’s refusal letter on 16th February 2024, the tenant sought a review of his UC award to include “housing costs” from the date of his tenancy (November 2023). DWP refused on the basis his request was too late. Albyn helped the tenant submit a Mandatory Reconsideration (MR) in July 2024. DWP subsequently issued an MR Notice rejecting the request. Albyn’s staff provided a well-crafted timeline of events and copies of the relevant documents. Using this helpful material, I prepared a response, on behalf of the tenant, and submitted this to DWP’s Area Director. The gist of my email is copied below:

“The notification from the Council, refusing the tenant’s HB application is dated 16th February 2024. Mr Smith submitted his MR via his journal on the 7th of March, so, within the 1-month statutory period for reporting changes. Consequently, Regulation 33 of the UC (Decisions & Appeals) Regulation 2013 applies, not Regulation 36, as you suggest.”

I also referenced UC’s Advice to Decision Maker’s guidance at para A4350 as this supported the tenant’s position. 

A4351 – Where an appropriate office is notified of an advantageous change of circumstances within the relevant notification period or such longer period as may be allowed. 

A4310 – A4315, the effective date of the supersession will be for UC – the first day of the assessment period in which the change occurs or is expected to occur.” 

Mr Smith couldn’t have applied for the housing costs element until he was notified of his HB ineligibility. He did so, within the 1 month. Applying Regulation 33 and the DWP guidance, his HCE request should be paid from the Benefit Assessment Period (BAP) from 23rd October to 22nd November 2023.

DWP phoned two days later to concede and notified the tenant via his journal the day after. Without Albyn’s staff’s support, there’s little likelihood the tenant would have succeeded. Some landlords underestimate the importance of supporting tenants through this process. This is a good example of how helping the tenant in these situations can produce a 15-month backdate, wiping out large rent arrears and avoiding the costly process of repossession.

The same approach could also be used where other beneficial changes occur. For example, where a backdated award of PIP (Daily Living) or its Scottish equivalent, Adult Disability Benefit, applies and there’s currently a Non-dependent deduction (NDD) in place. If the tenant notifies Universal Credit of the award, within 1 month of notification (or longer where they have a good reason for the delay) the NDD award could be removed retrospectively, creating large refunds.

If you require any further explanation of this or any other matter you’re encountering difficulties with, please email bill@ucadvice.co.uk or phone 07733 080 389.

Regards,

Bill Irvine

UC Advice & Advocacy Ltd

Phone 07733 080 389 or 01698 424301