Housing Benefit Claims and Delays
Since the introduction of Universal Credit you can only make a new claim for Housing Benefit if:
- You (and your partner if you have one) are aged over 66 years.
or
- You live in supported accommodation or temporary homelessness accommodation
If you make a new claim, Housing Benefit delays can cause severe problems, sometimes leading to possession proceedings and occasionally, even eviction.
Payments on Account
If a council has not processed your Housing Benefit claim once they have had it for more than 14 days and either:
- You have provided all the information that the council and the DWP can reasonably ask you to provide
or
- You have a good cause for not providing information that they have asked for.
The council must make a reasonable guestimate payment of your entitlement.
And this is called a Payment on Account
The council must do this. They have a legal responsibility to do so*.
Putting it into Practice
Although the law may say that you are entitled to a payment on account, if the council doesn’t do it, there is no right of appeal.
You can use the council’s complaints procedure
And if this doesn’t work you can complain to the local government ombudsman
But there is no effective way of forcing them to do what the law requires.
It all boils down to your assertiveness and your negotiation skills.
Maybe, if you need a payment on account it’s a good idea to ask your local councilor to make the request for you.
Here is the law:
Regulation 93 of the Housing Benefit Regulations 2006, or,
*What’s with the asterisk?
You cannot get a Payment on Account if you live in a council property