Hi

My clients at Key Housing provide quality “Supported Housing” to vulnerable tenants throughout Scotland. Most tenants require assistance completing and submitting their Housing Benefits claims to council departments. Overall, the process, honed over many years, works well, because Key’s staff have developed effective working partnerships with the various benefit teams. Very occasionally problems arise, and when they do, are generally resolved.

However, last year, a problem arose when one of its tenant’s Housing Benefit applications, sent via email, in May, went AWOL. The problem wasn’t identified until late July when rent arrears caused a red flag. Additionally, the housing officer who assisted the tenant complete the application form and forwarded it by email to the Council, had left the Association, and attempts to access the offending email failed. All the Association had was a copy of the completed form and a note on the management system stating the email had been sent.

When the association approached the Council, it responded stating it had no record of the claim being received and would require a new claim to be submitted. It also indicated it would only be willing to “backdate” the award for the statutory period of 1 month. The Association, having consulted the tenant, indicated the tenant’s wish to appeal but at the same time asked if I could assist.

After examining Key’s helpful case summary and the Council’s response, I suggested a different approach and copied the Council’s staff into my email. The following is an extract:

“The Council should consider exercising its discretion to treat the claim “as having been made”, based on the evidence (copy form and system note) you supplied. The tenant signed the form expecting it would be submitted to the Council. Unfortunately, due to your housing officer leaving, and the non-availability of the email, you can’t prove the claim was submitted. By the same token, the Council can’t dismiss what you’re saying. Most importantly, the tenant claimant shouldn’t lose out because of something (e.g. mistake or oversight by an official body) they didn’t cause or contribute to in any way.

The Council will be aware, that in the days before 2001, HB could only be paid for a maximum of 52 weeks, each year. To allow further payment, the Council invited claimants to renew their claim before the end date. Oftentimes, disputes arose, about whether the “review” application had been returned to the Council. Tenants often alleged the claim had been sent or handed into housing benefits. Councils on the other hand, had no record of any claim being submitted.

DWP’s guidance, at that time, was that councils should examine the facts and weigh up, on the “balance of probability” whether the claimant’s position could be supported or not. In this case, we know the tenant completed and signed the application. What’s not clear is, what happened to the claim after that. Key HAs evidence suggests the claim was submitted via email and verified on its system. Claims are regularly submitted in this way and processed accordingly.

The Council can’t say definitively that it didn’t receive the claim as no system is 100% perfect. It should weigh up whether what Key HA is suggesting is credible. If it gives the tenant the benefit of the doubt, payment could be made from the “benefit week” in which the claim should have arrived in the Council’s mailbox. As this would NOT be a “good cause” backdate, the Council would receive full reimbursement through HB subsidy. The tenant would also have his arrears erased and avoid the lengthy wait for a Tribunal”.

The Council to its credit subsequently agreed, made the retrospective award, cleared the arrears, removed months of anguish for the affected tenant, and avoided the tribunal.

None of this would have happened if Key’s staff had simply accepted the Council’s initial response. This is yet another example of how effective landlord advocacy pays off..

If anyone requires information on this or any related HB or UC topic, please get in touch bill@ucadvice.co.uk or 07733 080 389.

Regards

Bill Irvine

UC Advice & Advocacy Ltd