Housing Benefit - They're making me appeal !!

realitybet · 18 May 2007 at 7:29PM

I put my claim in for Housing Benefit on the 17th of April. The claim couldn't be processed because I hadn't provided all documentation. The documentation they've been waiting for it written acceptance of my incapacity benefit. I received the confirmation this week and took it to Housing Benefit place today. They now say my claim has been closed because it was open for more than 30 days !! (1 day over!).

I did receive a letter from them earlier in the month saying the claim would expire after 30 days and i did call them saying i may need an extention they said they would until the 21st and if needed longer for me to call!! However, there's no record of this on the systems :mad: :mad:

They are now saying for it to be backdated i have to put in a written appeal. They can't reopen the claim!! I'm now nearly £800 behind on my rent and receiving red chase letters for council tax!!

This ever happend to anyone else? What are my options if the appeal is declined? Is it likely to be declined or will they come to their senses?

Thanks

real1314 · 18 May 2007 at 7:38PM

You should appeal. They can't just re-open the claim if the info was not received within the time limits.

One thing that's not clear is what they had asked you for, you've said it was "written acceptance of my incapacity benefit", what do you mean by this? Written proof of how much you get?

realitybet · 18 May 2007 at 7:44PM

Hi. Yes, basically confirmation that I was in receipt of incapacity benefit. They just wanted the standard letter stating "you claim has been accepted, you'll be paid from this date etc etc) i provided that to them today!

I am going to put my "appeal" in on Monday. Is this just procedure or is their a strong chance they'll reject my appeal? I don't see how they can do this, simply for poviding documents one day late.

real1314 · 18 May 2007 at 8:10PM

I *think* (not certain on this but...) that they are supposed to allow you 28 days from the date they request the info from you. You should use this for your appeal.
Also you should mention that you were told you had until the 21st.

e.g

"I wish to appeal against the decision to close my claim because:

1. I was told during a phone call on (date) that I had until 21/05/07 to supply details of my Incapacity Benefit.

2. I Should have been given 28 days to supply this information.

3. The HB staff could have confirmed this information through access to the DWP / Jobcentre Plus computer system.

I was unable to provide the information any earlier as I had to wait to receive it from Jobcentre Plus. (my assumption)"

I would suggest you see what other people suggest over the weekend and write the letter on sunday evening.

bergy2 · 18 May 2007 at 8:31PM

Hi there

First obvious thing is the best Housing benefit advocates to help you out are Shelter - most areas will have local caseworkers who you can visit to help you through your case.

My experience is that if a claim is made defective you have to submit a new claim form and request a backdate - you can quote that phone call requesting extra time and state a date/time and state the date you actually got the Incapacity Benefit award letter and why it took however long it took to get it into them - seems a fair reason why you could not get the info in

Housing Benefit was set up to prevent people getting evicted - that is its purpose - if you have any letters from the landlord getting annoyed etc you can put it in requesting an interim or fast tracked payment on the present claim

Phone Council Tax - it is interlinked but seperate from HB - say to them a new claim is in and all info now in for present claim from recent date and request the hold fast for say 3 weeks until the current claim is in payment and C Tax Benefit is up and running

Housing Benefit - They're making me appeal !!

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