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Housing benefit, Habitual Residence Test and ESA


shineygirl
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Hi there,

 

Back in November I applied for ESA and housing benefit over the phone with the jobcentre. We had to go through a Habitual Residence Test. However, the council wouldn't take any info off us until the HRT had gone through.

 

We didn't know the HRT had been fine until after Christmas (it went through 19th of December). We had actually been turned away from their office on the 19th of December because we still didn't know about HRT. Then their office was closed until 5th January

 

Now every time we go to the council they say they still have one month, it's now been 3 months rent we paid so far. When mentioned to them they say only one month. We are worried that they are only counting it from January so when it finally goes in it will be much much less.

 

We do tell them about the HRT, and that they wouldn't take any of our proof or anything until after.

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Apparantly we made two applications.

 

We applied by phone with ESA two-three months ago and they forwarded it to the council one month ago after the Habitual Residence Test.

 

Around the same time we went in to show ID (we had also been in earlier but they said it was too soon) They asked us to complete a form, we told them we already applied for housing benefit but they said we needed to, we completed it.

 

They are taking either the date the jobcentre contacted them or the date we filled the form in, but not earlier when we did it in the first place.

 

ESA was backdated by 5 weeks.

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I'm not sure why but they did. The council also say they have two applications. That doesn't really matter though because they have our paper application anyway.

 

The main question though is am I eligible to receive money in the period between Habitual Residence Test and the council processing housing applications. As our ESA during the time of the HRT also.

 

The other question is that it is coming up to our third month paying rent next week. We wont be able to pay it if they take longer. Is there a way to release any of it while they are assessing. If they are only paying one month we will have to use our normal ESA money to pay the rent as well, that's why I ask.

Edited by shineygirl
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  • 4 weeks later...

They actually took the phone form as the actual one!

 

Now they have three months rent for us. They paid direct to the landlord, but to an agency. The agency returned it as we deal directly with the landlord.

 

The issue now is we have paid the rent, but the housing benefit is owed to us for three months. They approved the cash office to release it to us on the 6th February but nothing has happened. How long does it take the cash office to resend payment?

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