Guidance

LA Welfare Direct 9/2021

Updated 20 December 2021

Contact

Queries about the:

  • technical content of this bulletin, contact details are given at the end of each article
  • general content and distribution of this bulletin, contact lawelfare.correspondence@dwp.gov.uk

Who should read

All Housing Benefit (HB) staff

Action

For information

Editorial

So summer 2021 is over already. Perhaps it was the anticipation after a long hard winter, or perhaps it was the pretty dreadful weather throughout most of July and all of August. Either way, the summer flew by quicker than most do; to me at least.

This month’s LA Welfare Direct (LAWD) bulletin is an unusually short one, which may well come as a bit of a relief to you. Since COVID-19 pandemic struck, we have issued a wealth of communications via our LAWDs, LAWD lites and numerous other channels.

This just shows the scale of the level of change and support that has been needed to keep the show on the road, in terms of both Housing Benefit and wider local welfare provision administration. And whilst the volume of communications has been high, I think all local authorities recognise the need for this during these unprecedented times.

With the continuing uncertainty about the pandemic and the upcoming Spending Review, it is hard to predict what the next 6 months will bring let alone the next 5 years. But rest assured, myself and all my colleagues in the Local Authority Partnership, Engagement and Delivery division will continue to do our best to keep you updated.

Paul Selby
Deputy Divisional Manager
Local Authority Partnership, Engagement Delivery division

Update: Housing Benefit Matching Service prisoner rules

1. The Local Authority Partnership, Engagement and Delivery (LA-PED) division is continually updating the suite of Housing Benefit Matching Service (HBMS) rules to provide improved quality referrals and to reduce nugatory referrals issued to local authorities (LAs).

2. Over the last 6 months LA-PED, in consultation with a number of LAs, has identified the following prisoner rules which will be updated on 6 September 2021, as follows:

HBPD001 – England and Wales only

  • referrals will no longer include prisoners who are on remand
  • where the customer has been released from prison in the previous 28 days, referrals will only be matched against them if their release date is after the start of the current HB claim

HBSP001 – Scotland only

  • referrals will now include claimants who do not have a partner
  • referrals will no longer include prisoners who are on remand
  • where the customer has been released from prison in the previous 28 days, referrals will only be matched against them if their release date is after the start of the current HB claim

3. Following the update, LAs should be aware that there will be an overall increase of referrals against these rules for the first 3 months.

4. The HBMS rules guidance (which can be found on Glasscubes) will be updated to reflect the changes and the enhanced referrals will be available to LAs from week commencing 6 September 2021.

5. LA-PED would like to take this opportunity to extend a special thank you to the LAs who participated in the consultation process.

6. If you have any questions regarding the content of this article you can email lawelfare.datamatching@dwp.gov.uk

HB decisions by the Upper Tribunal

7. Decision Making and Appeals (DMA) Leeds is aware of the following HB case that has been decided by the Upper Tribunal:

  • CH/700/20: Further findings of fact needed on whether a close relative landlord lived at the dwelling
  • CH/1970/19: Non-dependents. Remit. Further findings of fact needed on status of residents and periods of residence

8. A selection of decisions of the UT are published on administrative appeals tribunal decisions. Do be aware that there is an undefined time lapse between decisions being issued and their appearance on the website.

9. If you have any queries about cases before the UT Judges or courts, please contact us by email at quarryhouse.dmaleedscustomersupportservices@dwp.gov.uk

New Legislation

10. LA-PED is not aware of any new Statutory Instruments (SIs) that have been laid since the last edition of the LAWD.

11. Copies of SIs can now be downloaded from legislation.gov.uk.

What’s new on our HB pages on GOV.UK

12. The following items can be found on the website link shown:

Document Type Subject Link
LAWD8/2021 Editorial New online service local authorities can use to view valid registered lasting power of attorney details Change of tax year for Housing Benefit Matching Service self-assessment £20 Uplift in Universal Credit Further Department for Work and Pensions led Engagement Events for LAs Invitation to the next Data Sharing and IT issues consultation and engagement forum Volunteers needed for new UC data share working group Latest UC and HB Statistics Reminder: HB Debt Recovery National Statistics survey Decisions by the Upper Tribunal New Legislation What’s new on our HB pages on www.gov.uk Housing Benefit Debt Recoveries National Statistics survey attached as a separate Appendix LAWD8/2021
LAWDLite8/2021 Reminder: The Debt Respite Scheme (Breathing Space) local authority process Child Disability Payment (Social Security Scotland) LAWDLite8/2021