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In Sheltered Housing having trouble getting the housing element of UC

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2 weeks 2 days ago #309095 by GREENleaf
I've just applied for UC as part of the managed migration from irESA, and the online application form said that as I am in sheltered housing I should apply to my local council for housing benefit. BUT . . . I talked to my local council yesterday here in Torquay, and they don't do housing benefit for sheltered housing 'independent living', only for supported housing (which includes care).
So, NEITHER UC OR MY LOCAL COUNCIL WILL GIVE ME BENEFITS TOWARDS MY RENT !!!!!!!!!!!!!!!!!
So, already I am emailing my MP, and am talking to CAB 'Help to Claim' again. I am already experiencing mental health distress.
The following user(s) said Thank You: TerriD

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2 weeks 8 hours ago #309169 by David
Hi GREENleaf

This has happened due to the automatic routing of your UC claim because you ticked on the form Sheltered Housing when in fact your tenancy is actually Independent Living. You should do a change of circumstances on your UC account saying that you want to claim the UC Housing Element and for it to be backdated. If you are getting help from CItizens Advice Help to Claim I would check what they are doing first before taking the action I have advised.

Let me know how you get on

David

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1 day 9 hours ago #309550 by TerriD
Hi Greenleaf,
I won a first tier tribunal in 2021 against East Devon District council on this exact issue, after DWP told me they would not pay my housing costs if I claimed UC and my rent could only be met by HB. Council disagreed and refused to budge. The tribunal ruled that if care alarms and support officers are provided as part of tenancy from the council in their role as landlord, then this is supported accommodation, otherwise known as 'specified ' under UC regulations. It was a highly complex case, involving the examination of several acts of law. I prevented the council from pushing me into giving up my legacy benefit by winning this appeal. But, now I have migrated to UC they have stopped my HB and said they are going to apply to overturn the decision, by taking it to a Higher Tier tribunal. The DWP UC have refused to pay any housing element...so hey ho, back to threats of eviction once again. Tenants should not be crushed in this argument between the DWP and Local Authorities. DWP and parliament should sort this mess out with clearer legislation for those of us in sheltered accommodation with support provided by systems other than live-in carers. I cannot have a live in carer due to one bed property.
The following user(s) said Thank You: KimABT

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1 day 8 hours ago #309552 by David
Hi TerriD

The DWP can only appeal to the Upper Tribunal if there is an error in law. If you were to win in the Upper Tribunal then the case would set a precedent for all similar situations and this is why the DWP often hesitate to refer to an Upper Tribunal.
Please keep us informed of your progress.

David

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