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Please say I can keep this :)

I have just found out that due to our low income we are entitled to hb and ctax help! But I have asked them to backdate it, as I didn't know we were entitled. I had asked the tax credit people if there was anything else we were entitled to and they said no, I only realised when someone on Bounty mentioned it. My question is I'm praying they'll agree to my appeal to backdate, but will the OR let us keep this as we are really struggling to make ends meet. Any advice appreciated
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Comments

  • tomterm8
    tomterm8 Posts: 5,892 Forumite
    Part of the Furniture Combo Breaker
    josephine1 wrote: »
    I have just found out that due to our low income we are entitled to hb and ctax help! But I have asked them to backdate it, as I didn't know we were entitled. I had asked the tax credit people if there was anything else we were entitled to and they said no, I only realised when someone on Bounty mentioned it. My question is I'm praying they'll agree to my appeal to backdate, but will the OR let us keep this as we are really struggling to make ends meet. Any advice appreciated

    Ask here http://forums.moneysavingexpert.com/forumdisplay.html?f=139 .

    I think to get the benefit backdated you would need to prove that they said you weren't entitled to anything else... I guess that would be hard?

    My hazy understanding is that HB and ctax benefit can not be charged by the OR. I guess asking the national debt line would be a good idea.
    “The ideas of debtor and creditor as to what constitutes a good time never coincide.”
    ― P.G. Wodehouse, Love Among the Chickens
  • josephine1_2
    josephine1_2 Posts: 201 Forumite
    Thanks TomTerm, the thing is tax cr and Hb/council tax are nothing to do with one another, so they probably won't care that I tried to find out benefits relevant to myself. I thought hb/council tax help was only for unemployed people :confused:
  • they can back date it if you show proof i think.

    HB and CTB if for anyone on a low income you may not get alot depends on you earnings but every little helps

    you can also apply for crisis loans even if your not claiming benefits aswell and on a low income

    lisa
    If you want to see the rainbow ,you gotta put up with some rain
  • MercMan
    MercMan Posts: 460 Forumite
    I'm applying for HB and CTB. My take home is £900 per month. According to the my local council I am entitled to it.

    "My hazy understanding is that HB and ctax benefit can not be charged by the OR"

    Does that mean the OR cannot include it in their calculations as part of your income?
    "What does not kill you makes you stronger"


  • fiveyearplan
    fiveyearplan Posts: 10,145 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    They do take it into consideration for IPA purposes because if you receive HB and CTB it reduces your expenditure.

    :j :j


  • MercMan
    MercMan Posts: 460 Forumite
    Thought as much.
    "What does not kill you makes you stronger"


  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,

    Back dated benefits are an exempt asset in BR. Any money you receive will be yours to keep...............

    31.5.17 State benefits
    In the majority of cases state benefits will not vest in the trustee. The Social Security Administration Act 1992 section 187 provides that benefit as defined in the Contributions and Benefits Act 1992 section 122, any income related benefit or child benefit shall not pass to any trustee or other person acting on behalf of the beneficiary’s creditors on the bankruptcy of the beneficiary. In practice this definition of benefits is wide enough to cover all benefits likely to be encountered, excluding only "Old Cases" benefits. "Old Cases" benefits are allowances and benefits payable in respect of industrial diseases and workmen’s compensation under the Workmen’s Compensation Acts.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • MercMan
    MercMan Posts: 460 Forumite
    So that DOES mean it is exempt? I'm confused now!
    "What does not kill you makes you stronger"


  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 June 2009 at 3:34PM
    MercMan wrote: »
    I'm applying for HB and CTB. My take home is £900 per month. According to the my local council I am entitled to it.

    Does that mean the OR cannot include it in their calculations as part of your income?

    MercMan wrote: »
    So that DOES mean it is exempt? I'm confused now!




    No it doesn't.

    If your only income were benefits you would be, but as you have a salary too you won't.

    But they can only take an IPA from your earnings, not benefits. For example if your earnings were £300 and your benefits were £1500 total earnings £1800, they could only take an IPA up to £300, not from your benefits.

    As your income before benefits is £900 they can take an IPA from that but include your benefits as income when calculating your surplus.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    No it doesn't.

    If your only income were benefits you would be, but as you have a salary too you won't.

    But they can only take an IPA from your earnings, not benefits. For example if your earnings were £300 and your benefits were £1500 total earnings £1800, they could only take an IPA up to £300, not from your benefits.

    As your income before benefits is £900 they can take an IPA from that but include your benefits as income when calculating your surplus.

    I don't agree with that. Back dated benefits can only be considered as an asset not for the subject of an IPA. As they are exempt as an asset, they should not be claimed.

    Any on going benefits, including new benefits arising from the claim that brought the back payment, plus earned income would be used to assess an IPA.

    Ive won that argument in my area a couple of times with the IS, but OR's reading of the TM differ across the UK. All I would say is challenge it if it happens.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
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