How long can housing benefits service take / Can they reject if you meet criteria??!

fluffymovie

Sure if anyone does, they wouldn't admit it! Hee Hee

When we consider the 13 week rule, we look at realistic option for paying the rent for just that reason!

I did have a case where a claimant had a rent of £3500 pm. His rent included a gardner! Because he lost his job following 9/11, he couldn't afford the rent and hadn't put a penny aside but had paid his rent in advance on his credit card.

My manager of the time refused 13 week protection due to the fact that he had in effect 'borrowed' the money and didnt have the funds when he moved in!

I checked the reg the other day and the rule is that you had to be able to afford the rent when you moved in and you have not been in receipt of HB for the past 52 weeks. There isn't a requirement to be renting for that long so hopefully it will apply in this case!

Beta89

Do you by any chance have the link to any website where it gives details or clauses about that 13weeks full payment thing please??


I also may as well ask while im here, how hard is it to get council tax backdated??

Because when i moved i didnt get any letters or bill from the council for any tax after the 1st month, or 1st 3months, so i just guessed that the landlord was paying it.



However just to double check i did email them to let them know that id moved in if i was meant to pay tax could they send me the forms to register for paying council tax.
(i didnt know that i would be exempt as was unemployed).


They emailed me back asking what my address was so they could send the form, i have them my address, but the days n weeks went by and they didnt send me anything.

(i still have proof of sending them this email asking for the 'register for council tax form')


But when no form came i just guessed that i had been correct and the landlord was paying the council tax.




However 2weeks ago i got a letter saying that i now had a council tax bill due and that it is for nearly £500 (after 25% off for single occupant), and that its due by 1st march!

(they posted it on 23rd jan, but it got put in the letterbox for the other flat 4 building and i only got it put into my box 2weeks ago)


And so ofcourse this was a huge shock for me as i had no idea that i was gna be paying council tax as when i asked for a form before incase i was meant to pay for it they never responded.

I didn't even apply for council tax exemption when i filled in the housing benefits form as at the time of filling it in on 1st Feb i didnt know i would be paying it.





I have emailed the council tax department of the council 2x over these last 2weeks telling them that i wasn't aware that i was meant to be paying council tax, and that if i had been i would have claimed for council tax benefit because ive been unemployed,
but they didnt reply.

elaina79

LHA doesn't always cover the cost of the rent though. My rent is £730 and my LHA at the full allowance giving the rooms that I need is £464. The rest I make up for myself.

hippy-chicy

If you want to have your claim backdated you have to show continious good cause as to why you delayed making your claim. I think i read in one of your earlier posts that you made a claim in December but asked for it to be withdrawn? Reasons such as i didn't know i would be entitled, thought i would get a job sooner are not valid and the assessor wont accept them as good cause.

Also when did you take on the tenancy for your flat? Were you working at the time?

brightonbelle62

Also, don't forget the possibility of discretionary housing payments when the 13 weeks are up. The LA would probably expect you to be looking for cheaper accommodation but in the meantime these could help if you can get them.

Beta89

K thanks for you help everyone.


On monday morning i will phone my local CAB and ask for any advice or hel they can give me about this council tax bill.
And then will phone council, explain to them about how i wasnt aware that i was liable to pay council tax, and that i would be able to claim council tax benefit for it anyways due to being unemployed.

But if they arent willing to backdate the council tax benefit then i will aks if i can pay in weekly installments out of my JSA.


The most i could afford to pay would be £5 per week though, since i need the other £40 for food/rent/bills.

But is it likely that they will just say, no we are going to take £10 or £15 of your JSA per week instead??




And i will also fill in and send off the form asking for discretionary housing payment,
as becuase im going to get the under 25s amount only i will be £300 short on rent per month.

But how likely it is that they would be willing to pay that much??

dodger1

dmg24 wrote: »

I think you are in for a big shock - unless you are severely disabled, the most LHA you can expect to receive is £92.31 per week (or £88.50 depending on which BRMA you come under).

Southampton LHA for a 1 bedroom flat is £124.04 per week, studio may be less of course and less again for under 25's

hippy-chicy

Its due to the OP age.

They are under 25 years so are restricted to the shared room rate of LHA. Unless they fall under very specific exemptions they will not receive the one bedroomed rate.

dodger1

Online housing benefit calculators are a joke. For a laugh I typed in my rent was £7,000 per month and the calculator said my full rent would be paid. Unfortunately the upper rental limits do not appear to have been put in place on the calculator.

dodger1

hippy-chicy wrote: »

Its due to the OP age.

They are under 25 years so are restricted to the shared room rate of LHA. Unless they fall under very specific exemptions they will not receive the one bedroomed rate.

Sorry edited my post before seeing your reply