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  • FIRST POST
    • russbaker2016
    • By russbaker2016 18th May 17, 10:27 AM
    • 1Posts
    • 0Thanks
    russbaker2016
    Advice needed Bedroom tax refund
    • #1
    • 18th May 17, 10:27 AM
    Advice needed Bedroom tax refund 18th May 17 at 10:27 AM
    Hi, im new to the forum, allthough well vetted in communicating via many others.

    I thought this would be a good place to seek advice regarding a refund issue i have been delbt by the housing assosiation,
    I intend to speak with citizens advice also, but before doing so i thought it a logical idea to seek advice from online as many others are experienced having gone through the same situations.

    Here is the story.

    I moved into a flat in 2014. at the time my mother had just passed away and i was going through some serious mentel changes and eventually brokje down completely and required medical attention along with spychiatric help, i eventually went onto the sick and recieved ESA & PIP also came along a carer whome cared for me through the worst of the situation...

    Throughout my tenenacy i was paying bedroom tax, unbeknown to myself i was actually exempt in criteria but i never made any investigations ect as everything was in a bit of a different world for me and i was not motivated enough to even concidering such a simple thing...

    Eventually, i ffell into a arreas of around 400 through not paying the bedroom tax, on many occasions over 2 years. i eventually faced loosing the flat, so i went to seek help as to what oi should so. I was then told that i should not of been paying bedroom tax as i had a carer, not to mention the law had recebntly changed as of april 1st 2017 allowing me a second bedroom for carer privlages... To my relief the council awarded my complete exemption from 2014 upto 2017... So im thinking everythings great again, il get a bit of back payment and il cover the rent arreas and secure my very needed flat...

    I was awarded $1199.09p - unfortunatly though... I did not recieve this payment. The Council decided to send the backpayment to my landlords (derwent living) an housing association... Now thats all good i think, they will clear my debt and refund me the credit.... NOT GOING TO HAPPEN according to DERWENT LIVING... no instead the arreas are 775 including a months rent. (which the council pays monthly to them) and they are keeping another months rent in advance in thier accounts for whatever reason.... So no backpayment for me, No refund , no nothing... Even though this money was supposed to be a REFUND FOR BEDROOM TAX, and would i give permission for this money to be sent DIRECTLY to my landlords, no. i would not i would much rather of recieved it myself and paid the arreas of around 400. leaving me 800 pouinds... But no. for unknown reasons, the council decide to send the refund OWED ME, not my landlords. to the landlords. I think for obvious reasons...But what is making it worse is that DERWENT LIVING are then doing everything they can to keep the money instead of being FAIR and JUSTIFIED taking into concideration that the money they are recieving is somebodys BEDROOM TAX REFUND.... i cannot understand why they have gone and done what they have done but it all seems like they just BEGRUDGE handinbg over money to people on benefits....I just boil at the fact that DERWENT LIVING are being so unconciderate , it would of been fair to of cleared the arreas and sent me the rest back to me, But no GREEDY HOUSING ASSOCIATION says no...

    So now i have 2 options, either goto citizen advice and seek more help and mediation and maybe take derwent living to court for the unneccesery . or to just leave the situation and be happy to be recieving a flat rent free. With no washing machine, no hot water due to another bill, and no fridge... THE ITEMS I WAS HOPING TO REPLACE WITH THE REFUND...

    Anyway, if anybody has any legal information as to where i stand and as to why derwent living are using my refund for rent in advance. and why did the council send the money to the landlords and not myself... I would be most greatfull, for me to argue my case i need advice and enough to stand in court if it comes to it...

    In my mind this has all been done with my loss of refund in mind as they council just couldnt bare to see me recieve the refund and took a course of active that would deny me of the smae refund that many other people have been awarded to themselfs and not to landlords ect...

    Please reply if you have any advice..

    Thank you.
Page 1
    • NYM
    • By NYM 18th May 17, 10:55 AM
    • 3,358 Posts
    • 5,873 Thanks
    NYM
    • #2
    • 18th May 17, 10:55 AM
    • #2
    • 18th May 17, 10:55 AM
    All I can suggest is that you make an appointment with CAB and take any paperwork that you have. They may be able to speak with your HA on your behalf.
    • IAmWales
    • By IAmWales 18th May 17, 11:10 AM
    • 1,647 Posts
    • 3,404 Thanks
    IAmWales
    • #3
    • 18th May 17, 11:10 AM
    • #3
    • 18th May 17, 11:10 AM
    You were underpaid housing benefit. Housing benefit is to pay your rent. If you are in arrears with your rent then the underpaid benefit needs to go towards the arrears.

    Due to the introduction of Universal Credit, housing associations expect tenants wherever possible to be in one month's credit prior to their transition. I expect this is why they have retained the additional month.

    Your housing association have not done anything unlawful, you are free to complain but on what you have told us they have allocated the housing benefit payment correctly.

    If you need help with white goods, are there any local housing charities that might help? If you let us know your area we can point you in the right direction.

    Do you still have the carer staying with you?
    Last edited by IAmWales; 18-05-2017 at 11:13 AM.
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