Housing Benefit

We have a client and are not sure that the LA are correct in a decision they made.

Client lives with husband and 2 dep children – husband is in receipt of PIP ER Mob and SR DL – our client was claiming IS and CA (as well as CB and CTC)

In September 2020 she became a FT student, and her IS was stopped and HB then ended the claim, on learning she was a FT student.

We could not see anyway that she could retain HB as a FT i.e. not both FT students, no longer in receipt of IS etc

Her husband could claim for them both, if new claims were allowed

Anyway, HB have now contacted the client and said: –

Your Housing Benefit and Council Tax Reduction claim was incorrectly terminated from 4th October 2020. The assessment created a Housing Benefit overpayment of £2,004.60 for the period 5th October 2020 to 17th January 2021 and a Council Tax adjustment. Notification letters detailing the assessment were sent to you on 27th January 2021.

After your claim was terminated, you were advised to claim Universal Credit because you were now a student and no longer in receipt of Income Support or Carers Allowance. However, after careful investigation of your claim I can confirm that you can continue to claim Housing Benefit continuously from the 5th October 2020 on your claim number XXXXX and your claim does not need to be changed to make your husband the claimant.

Also the husband wants to claim UC, to replace the lost IS, so the HB would then stop.

So either (i) HB are wrong or (ii) we have missed something

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