Advice on jsa and houseing and council tax benefit

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bexpugpup
bexpugpup Posts: 9 Forumite
in Benefits & tax credits
My partner moved in with me 4 weeks ago so on the day he moved in I informed tax credits, houseing and council tax benefit and my income support. My partner also informed his jsa claim so all the claims have been cancelled and we was told to claim as a joint claim

I am a sham mom to three kids and I claim dla for my son and I also get ca for him

My partner move into my council house but he has a property that is up for sale which is near enough in negative equity

So we filled in a joint claim for jsa which has come bk that we are not entitled to this because apparently we have savings over 16 thousand and they worked that out from my partners earning from 2007-2008

I have also had a letter stating I am not eligible for housing benefit due to my partner moving in

The tax credits can't tell me when my joint claim will be processed I am having to live in my cb, and not due payments from dla or ca yet

I don't know where to turn to now as what am I supposed to live on and pay my bills

I'm looking for advice on who I cud see about this as my last is payment was beginning of November

Thank you in advance
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  • BigAunty
    BigAunty Posts: 8,310 Forumite
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    Are you disputing the claim that your household (you and/or your partner) has capital above 16k? Is that not the case? I've never heard of the DWP/council insisting that a person must have savings simply because they've had employment in the past.

    Do you send any copies of bank statements, etc, or have had any requests to supply them with any of these claims.

    Just want to double check because capital (savings, equity in property, investments like ISAs, premium bonds, etc) do affect means tested benefits like housing benefit, income support, council tax discount. It's not just 'savings' in a bank account but capital that affects eligibility.

    AFAIK, you'd be able to apply for a budgeting loan - perhaps another poster can clarify?
  • bexpugpup
    bexpugpup Posts: 9 Forumite
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    Hi thanks for replying we both have no savings had to prove this with bank statements which the balance is zero on mine and my partners

    He has a house that's worth 40 thousand but owes 45 on mortgage wud they use that as capital he is in the process of sellin it but the person who wants to buy doesn't want it till after Christmas

    It says on the letter from jsa
    We cannot pay you because you or your partner have more than 16000.00 in savings
    We have used the tax years ending April 2007 and April 2008 to asses your claim

    So I'm confused :/
  • princessdon
    princessdon Posts: 6,902 Forumite
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    why on earth are they using 2007 - 2008?

    I think you need to call them
  • bexpugpup
    bexpugpup Posts: 9 Forumite
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    That's what has confused us but that's what it says on the letter from the job centre

    I jut don't know how they think I'm going to be able to pay my rent and all ready received letters from them sayin they have over paid my rent for one week and also my council tax from 2009

    I just don't know what to do for the best for my family
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    Combo Breaker First Post
    edited 9 December 2012 at 11:10PM
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    Book an appointment with the Citizens Advice Bureau for starters.

    If there's no equity in the house then there's no capital, end of. It's the sum that is realised after the market value is calculated, less 10% for selling/legal fees.

    This link will advise you how housing benefit claims are treated by those who own property but do not occupy them and the formula used for working out the capital in them.

    http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/working-it-out/income-and-capital/

    How is your partner planning to deal with the future debt that arises from the fact that he will receive far less for his property than it is worth and will still owe the lender? For more knowledgeable posters, do lenders let the sale go through if the owner can't satisfy the mortgage by the sale and if so, how do they go about collect the debt that is owed?
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    Combo Breaker First Post
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    bexpugpup wrote: »
    ...

    It says on the letter from jsa
    We cannot pay you because you or your partner have more than 16000.00 in savings
    We have used the tax years ending April 2007 and April 2008 to asses your claim

    I wonder whether you have conflated these separate points into meaning 'because you were in employment in that particular period you should have savings of this degree' when in fact they are not related at all.

    And yes, I am baffled why they have used tax years many years before the last two full tax years to make the JSA assessment to see if he has made sufficient NI contributions for contributions based JSA, for example.

    Ring them up and tell them that you are disputing the 16k in capital and want to appeal it. Some posters advise that a claimant who has been treated poorly in their claim by the DWP or local council should contact their local MP to escalate the complaint, others say this has no impact or counter productive.

    Also, I'm surprised that they use the word 'savings' as savings is just one part of capital and I would have thought they would be clearer on this but there you go, you quoted from the letter so that's what is says.
  • bexpugpup
    bexpugpup Posts: 9 Forumite
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    We sent proof about how much the house was valued at and what was left on the mortgage so they know we have no savings or equity in the house

    Will book to see the cab first thing in the morning

    I'm unsure how he will pay the rest off as waiting to speak to the mortgage company about that

    He worked in 2007-2008 but was only classed as part time I think so didn't earn much

    I wished we had that much in savings haven't got one penny in savings

    After the part where I quoted off the letter is says we still may credit you with class 1 national insurance contributions if you continue to attend the jobcentre so does this mean that even tho we won't be getting jsa they still want him to sign on

    I'm just worried that if I get any further behind on my rent they will evict us I'm only one week behind because when I was paying rent here I was always a week in front

    But I do appreciate all your advice you are giving me :)
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    First Anniversary
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    Is it not possible to just move into his house instead of selling it? the mortgage may be less than what you are paying in rent now.
    Be Alert..........Britain needs lerts.
  • bexpugpup
    bexpugpup Posts: 9 Forumite
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    His house is only a two bedroomed and I have 3 kids who are 13 11 and 10 otherwise it wud if made sense to move into his property

    It also took me years to get into a council property :(
  • allen35
    allen35 Posts: 1,516 Forumite
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    It certainly sounds like a possible misunderstanding on what benefit he has applied for, with the explanation being tax years has he applied for contribution based rather than income related JSA, phone them for a more detailed explanation
    Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.
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