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Thread: From ESA to SRP & now receiving threat of eviction letters!

  1. #1
    Senior Member
    Join Date
    Dec 2010

    From ESA to SRP & now receiving threat of eviction letters!

    Hi All, Am posting on behalf of next door neighbour who is apparently having probems with her rent (has recently received letters from social landlord threatening eviction for rent arrears). This has arisen as neighbour has recently turned 65 and now receiving SRP-she used to be on ESA & in SG & is also in receipt of PIP mobility and care elements after being moved from DLA. She is also single & lives alone (so I am pretty sure prior to SRP she would have been receiving SDP) & therefore full HB.

    The 1st she knew of any problems were the recent letters from social landlord and since becoming aware she has rang them and also the DWP-I do not know which dept she has rang nor do I know anything further of this predicament.

    However, I am aware (but not to any degree as there seems to be so many current problems around this subject) that there has been problems with pensioners and housing benefit. I do not know if Pension Credit taking over from the income based part of her ESA prior to receiving SRP is dealt with automatically or if she has to apply for this, but surely the Pension Service should have included some information on this aspect when she was moving from ESA to SRP.

    (I would have thought that when she was transferred to SRP (ESA obviously stops) & she would at least have been supplied with a Pension Credit application form to cover the 'income related' parts of her benefits & that this would have continued to satisfy full housing benefit to pay rent in full as before)

    Bearing in mind the above scenario, I am asking what should she now do & where she should be in respect of benefits.

    Grateful as ever for any information/advice anybody can give so her mind can be put to rest as, with many of us, there are outside matters (not financial) that are causing her concerns & this will be at least 1 matter on which her mind can be put to rest.

  2. #2
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    West Cumbria (Lake District)
    You say she lives alone, as long as she is not part of a 'mixed age' couple - ie. has a partner who is below pension age - then;

    As a pensioner she should be claiming Housing Benefit, so that's the council she needs to contact and not the DWP.

    She shouldn't really be making a new HB claim at the moment though, she should try to get it reinstated from when it was stopped. See below.

    I suspect that what has happened here is that she was previous getting HB on the grounds of having Income Related ESA.
    Once the ESA stops then the DWP tell the council, and the council will automaticaly stop paying HB. (Because you no longer qualify through ESA).
    At that time you have to tell the council that you still want paying HB but on different grounds, in this case because she's now a pensioner.

    Pension Credit has to be claimed, the DWP won't do it for you, won't automatically send you the forms, (and probably won't even tell you that you can claim it).

    It may be possible to get Housing Benefit backdated for what she has missed out on.
    She will need advice and help with that from a local advisor who can see her paperwork.
    They will need to ask for a review of the decision to stop paying HB, and argue that the HB should not have been stopped in the circumstances but merely suspended until she gave them more details of her change of circumstances.
    Those AgeUK pages have links to find a local AgeUK branch.
    You can also find other local advisors by putting your postcode in here:
    Last edited by nukecad; 15-09-19 at 12:08.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    Senior Member
    Join Date
    Dec 2010
    Hi Nuke, Sorry for late in getting back to you but massive thanks for clarifying. Am pretty sure you're bang on with scenarios you mention.

    I will get the info in your post to neighbour as soon as poss. Neighbour knows only too well how landlord rent office/DWP work & already has a number of people/friends who she can call on to help & if not, CAB/AgeUK.

    Again, many thanks for invaluable advice. (Don't know how long it will take but will post result. I apologise if I do forget as also have a friend who going through some major medical problems currently).

  4. #4
    Senior Member
    Join Date
    Nov 2018
    Agree with nukecad, she should be opening any letters from the council as they will have written to her about the suspension.

    It is standard procedure to prevent overpayment.

    Even without activation of a replacement benefit you can reactivate HB on nil income grounds.

  5. #5
    Senior Member
    Join Date
    Dec 2010
    Hi Worried33, TY for adding. I have passed on information to neighbour and suggested she gets help from AgeUK/CAB. (She does have a friend who is qualified welfare rights officer, but now retired from my understanding & has moved abroad. That friend does visit neighbour & own family here regularly. Am also sure she is in contact with somebody else connections to prof help).

    Can I just clarify, it was not a case of neighbour not opening any correspondence from council/landlord/DWP (if this was impression from 1st pst, apologies).

    Again MT's.

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