Guidance

LA Welfare Direct Bulletin 3/2019

Updated 4 March 2024

Contact

If you have queries about the:

• technical content of this bulletin then contact details are given at the end of each article
• general content and distribution of this bulletin, contact

[email protected]

Who should read this

All Housing Benefit staff

Action

For information

Editorial

Is spring coming or not is the question I have been asking myself the last few weeks. The recent weather has been spectacular and the mornings are that much brighter.

Since the new year I have spent most of my time on the road visiting local authorities (LAs). I am not complaining about this; in fact, it’s the best part of my job to be honest. It allows me to see at first hand the impressive way in which LAs deal with complex change (the Housing Benefit Assurance Process, Mixed Age Couples and Severe Disability Premium, to name a few topics in this edition) and implement at pace. I learn more and more about how you are all striving to improve the customer experience; so many different approaches, so much innovation and lots of joined-up working.

That said, I am also rightly challenged by LA colleagues - in the nicest possible way of course. Nothing wrong with challenge as there are always things we can do better here in the department to improve the administration of Housing Benefit (HB). My Performance Development Team, which I have the pleasure of leading, helps to make the join between LAs and the department as seamless as possible. The quality of my team is greatly enhanced by three LA colleagues who are with us on a secondment. Their experience and wealth of knowledge are critical to us as a team. We are lucky to have an HB manager, a training officer and a Senior Benefit officer working with us at the moment. So here goes with a cheeky request (privilege of the Editor!). We do have an opportunity for another secondee, so if you are interested in working as part of our office based team (very limited travel) and you want to develop your stakeholder management skills please get in touch.

As ever my team and, of course, others in Housing Delivery Division (HDD), stand ready to support you in the delivery of HB - given the feedback you provide you really like what we do for you. So whether it is improving your ways of working, increasing rates of debt recovery or automation or tackling fraud and error we are here to help. Again please do get in touch by email to

[email protected]

I hope you enjoy this (well I appreciate enjoy may not quite be the phrase!) edition of our LA Welfare Direct which you will see covers some of the changes I mention above. Thanks for reading and please keep up the excellent work in your delivery of great HB services.

All the very best.

Jonathan Bottomer
Head of Performance Development Team (HDD)

Publication of Housing Benefit Assurance Process Module 2: Uprating checklist 2018-19

1. In accordance with circular HB S7/2018, the Department for Work and Pensions (DWP) has now published Module 2 of the Housing Benefit Assurance Process (HBAP)

2. This module forms part of DWP’s HBAP approach and applies to all benefit software systems. Appendix 1 (within Module 2) contains a checklist of the annual uprating for benefits.

3. The checklist will enable reporting accountants to establish that the benefit entitlement calculations and subsequent subsidy claims for the year are based on the relevant parameters and allowances.

4. Reporting Accountants may request a non-pdf version of the Module 2 checklist by emailing the HB Assurance Team at [email protected]

5. If you need any advice or support you can also email us at the email address given above.

Housing Benefit Matching Service: New Scottish prisons rule HBSP001

6. This article is to inform LAs of an addition to the Housing Benefit Matching Service (HBMS) rules.

7. HBMS currently runs a rule against prisoner data for England and Wales which highlights instances of incorrectly paid HB. The rule identifies cases where DWP has not been informed of a custodial sentence being imposed to an existing HB claimant or their partner (rule HBPD001), therefore prompting the LA to make the necessary adjustments to the HB award.

8. Housing Delivery Division (HDD) recognised a gap within prisoner data for Scotland and, as a result, has developed a new rule Scottish Prison rule HBSP001.

9. The rule will identify when the HB claimant or their partner has been in a Scottish prison for a period in excess of 13 weeks or has been sentenced to a period of more than 13 weeks within a Scottish prison. The rule will prompt LAs to take action to correct the HB award.

10. HBSP001 will be rolled out to all LAs within their business as usual HBMS return on the week commencing 11 March 2019.

11. After the initial rollout, HDD will contact a number of LAs who have received HBSP001 cases to discuss results of any action taken by the LA to ensure the rule is working to design.

Further guidance

12. The new rule descriptions and guidance can be found at Annex A.

13. We have incorporated the new rule into the existing HBMS Rules Guide; the updated version will be placed on Glasscubes shortly. However, if you need further support or have any queries regarding the content of this article, you can contact Mark Browne on 0207 245 3888 or email:
[email protected]

Mixed Age Couples: Letters issued

14. In line with circular HB A3/2019 the department has issued letters to all known Mixed Age Couples (MACs) who are currently in receipt of HB, Pension Credit (PC) or both, alerting them to the change in policy coming into effect from 15 May 2019.

15. The letter advises MACs on the action that needs to be taken in the event that they have a change in their circumstances that will impact their entitlement to benefit from 15 May 2019.

16. MACs in receipt of PC and HB are advised to get further information on changes to benefits for mixed age couples or by contacting the Pension Service on 0800 731 0469. Those MACs who are in receipt of HB only have been advised to contact their LA if they have any further questions.

17. In the event of an LA receiving queries from HB claimants on how this policy will affect them, the LA should refer circular HB A3/2019.

New DWP courier service supplier

18. From 1 April 2019, DWP courier services will be provided by a new supplier namely Royal Mail Relay. Royal Mail Relay will be visiting LAs in advance of the change to consider building access and to affix an on-site barcode allowing DWP mail tracking. All site visits will be prearranged by Royal Mail Group and the onsite single points of contacts.

19. If you have any queries regarding the content of this article you can email
[email protected]

Child Benefit award information

20. HM Revenue & Customs (HMRC) have approached the LA Security and Support Team (LASST) with continued concerns about the huge volumes of requests they are receiving for confirmation of Child Benefit (CHB) awards; as they do not have the required resources to deal with such demands.

21. Circular HB/CTB F5/2010, explained that LAs should accept the information the claimant provides regarding their CHB unless there are grounds to believe it is incorrect. This principal should still be applied today.

22. The circular also advised that Jobcentre Plus and the Pension, Disability and Carers Service would use departmental systems to confirm entitlement before the LAIDS (LA Input Documents) and (LACI) LA Claim Information are issued. However, DWP no longer has access to this information, therefore, when there is doubt you should ask the claimant for confirmation.

23. HMRC has advised that the birth of a child is confirmed when a new claim is made and that a risk based approach to checks is taken during the life of a claim. At the time a young person may leave education HMRC write to the CHB recipient to ask if the young person is remaining in education.

24. HMRC has further explained that receipt of CHB is not a guarantee that a child is living in the household. A person, including grandparents, can legitimately receive CHB if the child is living elsewhere but they pay for their upkeep. Therefore, HMRC are concerned if CHB data is being used to determine the make-up of a household. However, if you have doubts on the accuracy of the information provided and need to see proof of a CHB award, similar information can be obtained from bank statements or a Tax Credits award.

25. It’s important that LAs neither contact HMRC direct for evidence of CHB entitlement nor ask the claimant to do so.

26. If you have any queries regarding this article please contact us at
[email protected]

Identifying limited capability for work claimants for subsidy purposes

27. We have received a number of queries from LA subsidy teams regarding subsidy arrangements for HB cases assessed in line with the pre-January 1996 rules (old scheme rules), which includes ‘Exempt Accommodation’.

Background

28. Where the rent or size of accommodation is considered by the LA to be unreasonable, the rent may only be restricted if suitable cheaper alternative accommodation is available. LAs must take into account the relevant factors, such as, if it is reasonable to expect the claimant to move from their present accommodation and the claimant is not within a protected group.

29. As the Housing Benefit Guidance Manual confirms in chapter A4 paragraph 4.1190, no rent restrictions apply if the claimant, any member of their family, a relative of the claimant, or the claimant’s partner falls into one of the following categories of vulnerable groups:

• has attained the qualifying age for state pension credit
• incapable of work, including those with limited capability for work
• treated as temporarily capable of work, but only because of a temporary disqualification from Incapacity Benefit is responsible for a child or young person who lives in the same household
• is treated as temporarily not having limited capability for work, but only because of a temporary disqualification from Employment and Support Allowance (ESA)

30. In cases where the HB regulations oblige LAs to set the eligible rent in excess a Rent Officer Determination because the claimant is within a vulnerable group, subsidy at the rate of 60% is payable on any HB paid in excess of the Rent Officer Determination.

31. In cases where the LA decide to set the eligible rent in excess of a Rent Officer Determination because the claimant is not within a vulnerable group but consider it is not reasonable to restrict the eligible rent, no subsidy is payable on any HB paid in excess of the Rent Officer Determination (ROD).

Identifying claimants

32. With the legacy benefit system, LAs could identify those claimants with limited capability for work by virtue of their receiving ESA.

33. Universal Credit (UC) is replacing ESA (Income Related) and New Style ESA is replacing ESA (Contributory Based). As UC is an in and out of work benefit, LAs have queried how limited capability for work can be identified for vulnerable groups for HB subsidy purposes.

34. In UC, claimants are deemed as being capable for work until such time they have been found to have limited capability for work at a Work Capability Assessment.

UC cases paid with New Style ESA

35. Any UC claimant who receives New Style ESA and has limited capability for work has a marker on their UC claim to identify them as such. This marker appears on the Customer Information System (CIS) so LAs can identify these cases for HB subsidy purposes for old scheme HB cases, especially in cases where no component is paid in UC. These arrangements are not a regulation change, merely a procedural issue in administering HB.

36. UC claimants receiving New Style ESA with limited capability for work can be identified in the CIS system as follows:

• access the claimants UC record on CIS
• click on Award Components
• if a claimant has limited capability for work, a ‘Health Allowance’ field will be present as below.

Award Components

Entitlement Type	Entitlement Value
Health Allowance	£ 0.00
Personal Allowance	£ 0.00
Housing Allowance	£ 0.00

37. In cases where the claimant has a limited capability for work component paid, it will show an amount, but in post 2017 cases the ‘entitlement value’ will be populated with £0.00.

38. The Health Allowance field only shows on records where the claimant has limited capability for work. LAs may use this as evidence that a claimant meets the criteria for a vulnerable group in order that the correct rate of HB subsidy may be claimed in ‘old scheme rules’ HB cases.

UC only cases

39. DWP are undertaking work to include the Health Allowance marker to be present in CIS for all other UC claimants who have limited capability for work and do not receive New Style ESA.

40. However, in the meantime, DWP have identified a solution which will allow LAs to establish limited capability for work:

• as part of the HB claim verification process, LAs should ask claimants to provide their UC statement from their UC Journal. The sample UC claimant statement at Annex C illustrates (see the third sentence down under Examples of support you can get) where confirmation of the limited capability for work may be located.

General administration by LAs

41. Any LA decision to not limit eligible rent to the Rent Officer Determination is based on information that is correct at the time of assessment. However, if the status of the HB claim changes because the UC claim changes, DWP recognise this is difficult for LAs to trace as does not carry automatic notification via CIS. Therefore, it is important for LAs to set case review dates to check for updates on CIS or request up-to-date evidence from the claimant to ensure the claimant retains limited capability for work.

42. If a claimant’s limited capability for work status changes, LAs will need to amend the rent details on the claim and then either:

• re-assess the whole period, or
• amend the old transactions, if it is appropriate to amend the application of the Rent Officer Determination.

43. Any claimant who has their eligible rent limited to the Rent Officer Determination by the LA whilst waiting for a limited capability for work decision, and they are unable to meet their full liability, can request a Discretionary Housing Payment to fund rental costs over the Rent Officer Determination.

44. If you have any queries about the content of this article you can email
[email protected]

Severe Disability Premium: Frequently asked questions

45. On 16 January 2019 new regulations were introduced which prevent claimants who are receiving the (SDP), or have received it within the last month and remain entitled to it, from moving to UC even if they have a relevant change in their circumstances.

46. Instead, these claimants will continue to claim legacy benefits until the department move them onto UC. Transitional protection will be available to safeguard their existing benefit entitlement.

47. Additional regulations will also enable claimants who were in receipt of the SDP and who have already moved on to UC before 16 January 2019, to be considered for a transitional payment.

48. Eligible claimants will receive an on-going monthly payment and an additional lump-sum payment, to cover the period since they moved onto UC once the regulations have been approved by Parliament.

49. Since issuing circular HB A1/2019 we’ve received a number of queries seeking clarification regarding the new regulations. As a result, we have produced some of frequently asked questions, which we hope you find helpful – see Annex B.

50. If you have any questions regarding the content of this article please email
[email protected]

Correction to JSA email address for form LA17

51. We provided a list of Service Centre email addresses in February’s issue of the LA Welfare Direct. Unfortunately, the address for JSA was incorrect.

52. The correct address is:

[email protected]

53. We apologise for any inconvenience this has caused.

Update: Joint Working project between DWP and LAs

54. Joint Working enables joint investigations between DWP and LA fraud investigation teams on criminal fraud cases for the LA administered Council Tax Reduction Scheme (CTRS) and all Social Security benefits.

55. Ten LAs in five geographical areas were involved in the Joint Working test which initially ran from November 2015 until November 2016. Whilst the test ended in November 2016 Joint Working continued in all test sites at their request. The Joint Working project received approval for national go live in October 2018 and implementation commenced on 29 October 2018 on a region by region basis.

56. National implementation of Joint Working is progressing well. Currently 140 out of the 195 LAs that have signed up to Joint Working are operating with their DWP counterparts within the southern, central, and home counties regions, London and Scotland.

57. To give LAs the time and space to undertake their necessary end of year activities a break has been built in for March 2019 with no LAs scheduled to go live.

58. Implementation activity continues for the LAs in Wales and the North West that go live in April 2019. National rollout concludes at the end of May 2019 in the North East.

59. Feedback from current Joint Working participants confirms that referrals are being shared between DWP and LAs and that a joint investigation is quicker and more joined-up.

60. If you require any more information please get in touch with the project team at
[email protected]

61. Alternatively, you can access the information we have made available on the Knowledge Hub. If you would like to access this information but have not yet signed up to the hub you can do this by:

• Register on the Knowledge Hub at https://khub.net using the sign up button. Please use your business e-mail address as your user name. Once you have registered click on the ‘Groups’ icon on the top line and then click on ‘All Groups’. Insert the name of our group ‘LA and DWP Joint Working Fraud Investigation” into the search engine. Click on the ‘Request to join’ icon. You will be notified once your request has been accepted.

Bye bye GSI

62. The GSI (Government Secure Intranet) network is being phased out across government. As part of this change, ‘gsi’ will be removed from DWP email addresses by 31 March 2019.

63. From 31 March 2019, if you use any existing DWP email addresses, you will need to change these from:

• @dwp.gsi.gov.uk to @dwp.gov.uk

64. The new addresses will not be active until 31 March 2019 so please do not use them before this date. Until then you may still receive emails from DWP ‘gsi’ email addresses.

65. Any messages sent to a DWP ‘gsi’ address after 31 March 2019 will continue to work for a limited period of time to help with a smooth transition. You will however receive an automated email response asking you to use the new address.

66. You should ensure you update any records that contain DWP email addresses from 31 March 2019. These may include directories, web applications or forms.

67. For the latest updated information on GSI – DWP email addresses changing. If you have any general questions about this change, please contact us on: [email protected] or if you have any queries in relation to email security please contact
[email protected]

Removal of GCSX from LA email addresses

68. As the removal of GCSX suffix from LA email addresses is fast approaching we are aware that LAs will need to update DWP with any new email addresses.

69. We have therefore outlined some helpful information below.

• Glasscubes – If you currently access Glasscubes via a GCSX email address, you should login to your Glasscubes account and visit the ‘Your Profile’ section. On the top right of this screen, there is an option to change your email address. When you have updated your email address, you will begin to receive email notifications via your updated email address.

• EAS-R – If you have registered a GCSX email address on EAS-R, the OAs or SAMS located within your LA you should update your email address directly through the EAS-R admin portal. It is important this is completed as soon as possible, to ensure administrators can continue to self-administer via the EAS-R system.

• Data Hub – GCSX email addresses held on the Data Hub should be updated by logging into the Data Hub admin portal https://admin.cdc1.canopy.gse.gov.uk/ and clicking on ‘your profile’ where you can update your email address.

• HDD contact lists for communications – we will be carrying out a one-off exercise to update the following mailing lists:Severe Disability Premium

• Revenues & Benefits managers
• Chief Executive Officers
• Chief Finance Officers
• Section 151 Officers
• Section 95 Officers (Scotland)

70. Unless you have already done so, you should send your replacement email address to the [email protected] inbox by the end of March 2019. This will ensure your LA continues to receive all our routine and ad-hoc communications, such as these bulletins and circulars.

71. As from 1 April, you should resume in sending any ‘business as usual’ on-going changes (such as replacement contact names due to role moves, retirement, etc.) to the [email protected] inbox.

Update: UC Local Authority Support Pack

72. As explained in February’s LA Welfare Direct, responsibility for the maintenance of the UC Local Authority Support Pack recently moved to HDD. Therefore, we are using this opportunity to carry out a full review of the content and design of the pack to ensure it is up-to-date and continues to meet user’s needs. We are now progressing this review and working towards getting an updated version to you by the end of March 2019 at the latest.

UC Live Service closure

73. UC Live Service is due to be closed on the 31 March 2019. All claimants that remain entitled to UC will have been transferred across to UC Full Service before the closure. LAs will no long receive any notifications through the Data Hub for Live Service claimants after this date.

74. If you have any queries regarding the content of this article you can email
[email protected]

LA Welfare Steering Group and Practioners’ Operational Group

75. The next meeting of the Practitioners’ Operational Group (POG) will take place on 14 March 2019.

76. Agenda items will include topics on the Verify Earnings and Pensions 2019-20 funding proposal and ‘move to UC’.

77. See summary minutes for the LAWSG February 2019 meeting

78. See summary minutes for the POG January 2019 meeting

79. All summary minutes for both POG and the LAWSG prior to January 2019 have also been published.

80. If you have any questions regarding either of these DWP/LA consultation groups you can email the Secretariat at,
[email protected]

HB cases with the Upper Tribunal

HB decisions by the Upper Tribunal

81. Decision Making and Appeals (DMA) Leeds is aware of the following HB cases that have been decided by the Upper Tribunal (UT):

• CH/793/14: Removal of the Spare Room Subsidy. LA decision restored. Carmichael and Nelson followed.

• CH/687/18: Dismissed - Breach of obligations under Regulation 88 - no official error on the part of the authority, overpayment recoverable from claimant under Regulation 100.

• CH/438/2018: Set aside and remitted - LA failed to carry out an entitlement decision on the evidence available that was relevant to the period to which the claim or supersession request relates. First-tier Tribunal (FtT) failed to investigate this issue.

• CH/2857/17 & CH/2858/17: Remit - interpretation of regulation 95 (1) (b), whether or not the eight-week advance rental provision in the tenancy agreement was set with the intention of defeating the eight-week arrears rule. UT judge concluded with (i) Rent is in arrears once the contractual date for payment has passed irrespective of whether rent is due in advance or in arrears. (ii)The plain words of regulation 95 mandate payment direct to the landlord where rent is the equivalent of eight-weeks in arrears, subject to the overriding interest provision set out there.

• CH/2036/18: Remit - claimant’s liability to repay an overpayment under regulation 100(2) - inadequate reasons by the FtT on whether the claimant could reasonably have been expected to realise that she was being overpaid and if LA made an official error.

82. Decisions of the UT are published on their website.

83. If you have any queries about cases before the UT Judges or courts, please contact us by email at
[email protected] or fax on 0113 232 4841.

HB cases awaiting decision by the UT

84. DMA Leeds have not been made aware of any new HB/CTB cases that are awaiting decision by the UT since February’s LA Welfare Direct.

New Legislation

85. The following Statutory Instruments (SIs) have been laid:

• 2019 No. 167 The Welfare Reform Act 2012 (Commencement No. 32 and Savings and Transitional Provisions) Order 2019, made on 31 January 2019

• 2019 No. 192 The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019, made on 5 February 2019

• 2019 No. 0000 UK Explanatory Memorandum for The Guaranteed Minimum Pensions Increase Order 2019, coming into force on 6 April 2019

• 2019 No. 369 The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2019, coming into force on 1 April 2019

• 2019 No. 374 The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019, coming into force on 6 April 2019

• 2019 No. 373 The Guaranteed Minimum Pensions Income Order 2019, coming into force on 6 April 2019

• 2019 No. 412 The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2019, coming into force on 1 April 2019

• 2019 No. 446 The Offshore Installations (Safety Zones) Order 2019, made on 5 March 2019

86. The following Statutory Rules (SRs) of Northern Ireland have been laid:

• 2019 No.7 The Welfare Reform (Northern Ireland) Order 2015 (Commencement No. 14 and Savings and Transitional Provisions) Order 2019, made on 31 January 2019

• 2019 No. 193 The Occupational and Personal Pension Schemes (Amendment etc.) (Northern Ireland) (EU Exit) Regulations 2019, made on 05 February 2019

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

What’s new on our HB pages on www.gov.uk

Document Type	Subject	Link
LAWD2/2019	Editorial	LAWD2/2019
	National Fraud Initiative 2018-2019
	Reminder: Procurement of reporting accountants for the 2019-2020 HB Assurance Process
	Local Housing Allowance rates: Targeted Affordability Funding 2019-20
	Blue Badge Digital Transformation project
	Changes to the Data Hub in 2019
	Help to Claim service
	UC LA Support Pack
	Payment Deduction Programme
	Form LA17
	Update: LA Insight Surveys
	Windrush Compensation Scheme
	Publication of HB Speed of Processing statistics
	Secondment opportunities in HDD
	HB Cases with the Upper Tribunal
	New Legislation
	What’s new on our HB pages on www.gov.uk
HB S1/2019 (Revised)	2019-20 Discretionary Housing Payments government contribution for English and Welsh local authorities	HB S1/2019
HB S2/2019	2019-20 Housing Benefit administration subsidy arrangements for English, Scottish and Welsh local authorities	HB S2/2019
HB A3/2019	Mixed Age Couples: changes to entitlement conditions from 15 May 2019	HB A3/2019
HB A8/2018 (Revised)	Housing Benefit: Uprating 2019-20	HB A8/2018

Annex A: HBMS new Rule HBSP001

Rule Description

This rule identifies customers in a Scottish prison who have been or are going to be in prison for 13 weeks or more.

Composition of Initial Match

HB customer and partner records are matched against Scottish Prisoner information. The Surname, Forename Sub (first 4 letters of the forename) and date of birth are matched and only records which match exactly are selected.

Further checks made during the matching process

A series of further automated checks are made on these records and cases are only included where the following apply:

• the HB claim is still in payment
• the HB claim must not be passported
• where the HB claim has a partner on the record, there must be no end date on the record to ensure matches are not produced where the partner has left the household
• this must only match to HB customers or partners and not include dependents, non-dependents or landlords.
• the date of reception must (and the date of release where provided) must indicate that the period of imprisonment is more than 13 weeks.

Additional Information supplied on the referral

Variable name	Description
PRISONER_NUMBER	Unique 8 character number given to each prisoner - 2 alpha, 6 numeric
Name of Prison	Name of Prison
Prison Address 1	First line of prison address
Prison Address 2	Second line of prison address
Prison Address 3	Third line of prison address
Prison Address 4	Fourth line of prison address
Prison Postcode	Postcode of Prison Address
Prison Telephone	Telephone Number of Prison
Date Of Imprisonment	Date the person was entered into prison - this could be a new entry or a transfer from another prison
Date Of Release	Date the person was released from prison
SENTENCE EXPIRY DATE	Date the sentence will expire if the prisoner serves the full term
Prison Custody ID	Code ref No’s:
	1. Remanded unconvicted
	2. Remanded conv unsentenced
	3. Sentenced criminal
	4. Sent. Serving lodged warrant
	5. Parole
	6. Recalled from parole
	7. Awaiting deport/extradition
	8. Awaiting removal psych.hosp.
	9. Convicted - non-custodial
	10. Unconvicted - non-custodial
	11. Died in custody
	12. Other
HOME_ADDRESS_LINE_1	First line of address the prisoner gave on reception - may differ from home address
HOME_ADDRESS_LINE_2	Second line of address the prisoner gave on reception - may differ from home address
HOME_ADDRESS_LINE_3	Third line of address the prisoner gave on reception - may differ from home address
HOME_ADDRESS_LINE_4	Fourth line of address the prisoner gave on reception - may differ from home address
HOME_POSTCODE	Postcode of address the prisoner gave on reception - may differ from home address

Mandatory Field Requirements

This referral is intelligence only and should be treated with caution. Upon receipt of a referral, information should be confirmed before approaching customers regarding the error identified. This includes amongst others ensuring the personal details have matched correctly.

Local Authorities are provided with referrals in line with their own particular refresh cycle. The most recent data is used to populate referrals, however, matches between HB data and Legacy-based benefits can be up to 4 weeks out of date and therefore can produce nugatory referrals.

Annex B: Severe Disability Premium: Frequently asked questions

General

Q1. What help will be available for people who are or were receiving the Severe Disability Premium (SDP)?

A1. The Department for Work and Pensions (DWP) has committed to transitional protection for people when they move from the old system on to Universal Credit (UC). We have also announced extra protection for those who had the SDP and have since moved to UC. Those currently on SDP will stay on the old system until they are moved to UC and so benefit from transitional protection.

Q2. I already get the SDP so will anything change for me?

A2. No. As long as you continue to meet the eligibility conditions for the SDP you will continue to receive the relevant legacy benefit(s) appropriate to your change of circumstances until you are moved to UC. This is subject to any further change of circumstances that may affect your eligibility to those benefits.

Q3. Do I need to move to UC and therefore lose my SDP?

A3. No. From 16 January 2019, you will be prevented from claiming UC following a change of circumstances. If you currently receive the SDP or have received it within the last month and have continued to meet the SDP eligibility conditions you will only be able to move to UC by DWP. There will be transitional protection available to ensure people are safeguarded against this change.

Q4. If I am in receipt of the SDP, will I receive transitional protection?

A4. As announced on 11 January 2019, DWP intend to deliver on our commitment to provide the vital transitional protection for claimants who are moved by the department, which is worth over £3 billion for claimants over 10 years. The affirmative Statutory Instrument also provides for transitional payments to those eligible claimants who were previously in receipt of SDP and have moved to UC before the Gateway came into force.

Q5. I hear there has been additional support for some UC claimants. What does this mean for me?

A5. As announced on 11th January 2019 by the Secretary of State, we have replaced the current regulations laid before the House, with two separate Statutory Instruments.

The first was a negative Statutory Instrument that introduced the SDP Gateway. This prevents legacy claimants who are in receipt of the SDP or have been entitled to an award of an existing benefit within the last month, that included the SDP (and have continued to meet the SDP eligibility conditions), from moving to UC. These claimants will continue to claim legacy benefits until they are moved over to UC by DWP as part of the ‘move to UC process’, thereby safeguarding their existing benefit entitlement. This came into force on the 16 January 2019

A second affirmative Statutory Instrument will contain the remaining regulations as laid on 5 November 2018. These regulations deliver our commitment to provide the vital transitional protection for claimants who are moved by the department to UC, which is worth over £3 billion for claimants over 10 years.

These also provide for transitional payments to those eligible claimants who were previously in receipt of the SDP and who moved to UC before the Gateway came into force on 16 January 2019.

Q6. I have already moved on to UC and lost my SDP. When am I due to receive a backdated payment?

A6. The draft Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019, will include provision for those eligible claimants that have already naturally migrated to UC. Once these regulations have been debated and approved by Parliament, we will put a process in place to identify eligible claimants and consider them for the ‘transitional SDP amount’. These transitional payments will include on-going monthly payments and an additional lump-sum payment to cover the period since they moved to UC.

LA specific questions

Q7. Can a claim to Housing Benefit be backdated prior to 16 January 2019?

A8. A claim cannot be treated as made for Housing Benefit (HB) where the claimant is in receipt of SDP before the date the regulations allow that claim to be made from. This law came into force on the 16 January 2019 with a change to the Universal Credit (Transitional Provisions) Regulations 2014; these take precedent over the provisions contained within the HB Regulations 2006.

Q9. What do LAs need to complete on the MGP1 and returning email?

A9. LAs need to ensure that the MGP1 is completed with the correct drop down option as this will set the subject heading in the email field. Where the claimant is in receipt of SDP with HB, the LA needs to select ‘Severe Disability Premium (SDP) in payment’ from the drop down options. This will automatically populate the subject heading in the email. Emails with a SDP subject heading are directed to the correct team to action. The effective date does not need to be completed where the HB will remain in payment for cases where the claimant is entitled to SDP or living in specified or temporary accommodation.

In the body of the email the LA should note if the claimant is single or part of a couple. If they are part of a couple they need to include the partner’s full name. Also, it would be useful to include the name of the LA in the body of the email so that the UC SDP team can contact them.

Annex C: Sample UC claimant statement

Examples of support you can get

What you can get may depend on how much you earn.

Your take home pay for this Universal Credit period is £155.70

You have limited capability for work and work-related activity

If your take home pay per month is up to	You may be able to get help with
£435 (or up to £935 if you are responsible for a child or have limited capability for work)	Health costs. Including free NHS prescriptions, free NHS wigs and fabric supports, free NHS dental treatment, free sight tests in England (NHS eye examinations are already free in Scotland), vouchers toward the cost of glasses or contact lenses and help with the cost of travel to receive NHS treatment on referral.
£1250	Energy-saving home improvements. The ECO Affordable Warmth scheme may be able to help you with energy-saving measures like a new boiler or insulation.
£1250 (including any other income)	Prison visits If you are over 18 you can get help with the costs of visiting a close relative or partner in prison.

It is your responsibility to make sure any information you supply in support of your claim to any of these benefits is correct.

Government departments can conduct checks on whether you are currently entitled to Universal Credit and on the amount you are earning.