Hi everyone – my first post on here!
I have a client on UC with HB for supported accommodation. His UC has stopped because he’s paid 4 weekly and he’s just had two lots of wages in one AP. I know that is correct for UC, if illogical, but the problem is his HB. Council are saying they have to use DWP’s earnings calculation, i.e. assume his 8 weeks of pay was earned over a month (even though it wasn’t), which results in no HB. But he doesn’t earn a lot and a calculation using true average earnings as per HB reg 33 would result in partial HB. Obvs all will resolve next AP but I’m hoping to mitigate some of the HB loss, as he’s currently being told he’s been overpaid HB and will lose a full month’s entitlement.
So the question is, are the council correct to say that the earnings info received from DWP effectively overrides the HB regs? Council are of the opinion that, if RTI info is provided by DWP, they have no choice but to use it. My opinion is there is now no UC award, albeit this is only temporary, so DWP info is irrelevant and they are free to assess income per Reg 33 / W2.50 of housing benefit guidance.
All thoughts welcome!