HB/CTB Help and Advice

kdallsop

Ok, sorry if this becomes a little long winded, want to get all the info in!!

Myself and my partner split up around september last year, prior to me joining the army. me joining played a big part in us splitting for various reasons.

After we split and I started basic training, she put in a claim for HB and CTB, she was living alone with my daughter and working about 30 hours a week.

Prior to leaving for training, we spoke, and I agreed to leave the bulk of my possessions, and still have my post sent to that address, purely because I would have been moving between about 3/4 different bases within 18 months, and all would be moved when I had finished my training and been posted to a slightly more permenant base.

I was medically discharged in March. Was informed about a month before, it was due to an injury I am still suffering with. For a couple of weekend periods of leave, and a couple of weeks medical leave, whilst my paperwork was being sorted for an MD, I was off base. Having no room at relatives or friends, I stayed at my partners house, sleeping on the sofa to help and spend time with my daughter.

During this couple of weeks, we had a number of long, emotional chats, in which we both expressed how we missed each other, etc... etc... and decided we would have another try together. (for the record, things are working, very strained, and a long way to go, but its getting there!)

She started training to be a nurse in Jan of this year, and with a lot of pressure on her, forgot to inform HB and CTB of this change. She eventually did it towards the end of Feb. An admitted oversight and error on her part.

As we where now living back together, we informed the council I was now living back at the address. They began to reassess the claim.

Between then and now, we have had numerous letters informing us we are eligible for both benefits as I am out of work, and still signed off. These letters include the amounts, but state they are not being paid yet as the claim is still being assessed. We had numerous requests for further evidence, all of which was provided within days.

As we where informed we where eligible, we spoke to the council regarding our rent and CT, as we where un sure of how much to pay. We where advised to wait for the claim to be processed. Couple of weeks ago we recieve another CT bill, with a different amount on!! And letter warning of Notice of Posession regarding rent arrears.

Spoke to the council again, claim still awaiting decision (even though we have had letters to say we where entitled!) and advised by council to pay £20 a month rent and CT until decision had been made.

Money was paid as advised early this week.

We have now had the pleasure of the council coming round in person to tell us we owe over £500 in rent, and she had checked on the system, and seen we where not eligible for HB.

Spoke to benefits office, they informed due my partners income, it was indeed too high to entitle us. Fair enough, no problems with this.

Now, the problem I have, is that they have decided, that even though we split up in Sept, and I joined the Army and moved to base, we where living together, as my post was still sent to my partners address. So, they have reassessed HB and CTB back to september, telling us we have over £1500 on overpaid HB and £200 in overpaid CTB.

I intend to appeal, but would like advice on how with regards to the situation. they say for their decicion of permenant address, they look at where the possessions and post are. Which, where at my partners address, for the reasons mentioned.

I accept, and have no dramas with not being able to claim it now, but I cant help feeling a little screwed over by this. We now have over £2k we owe to the council, and although they have said they will accept monthly payments.

Any thoughts, ideas, suggestion??

Am feeling really down about this right now!

fluffymovie

Sorry to hear you are having issues.

It would seem that the council have made a decision that you were living together even though you had seperated.

In order to make this decision, they would have to be satisfied that you were a part of the household although you were absent on basic training.

In order to make a decision like this, they get evidence such as bank statements, post records, wageslip details and so on. If, as it seems, all of this was being sent to your ex's (as she was at the time) address, it is easy to see why they would consider you being a couple.

If you appeal, you would need to explain that you seperated and the situation about your post. However, I think it would be difficult to show them that you weren't in a relationship from what you have said.

The overpayment is as a result of them using your income and circumstances in the claim back to Sep 09. In some ways, it is like an interest free loan that you pay back in low installments. I realise this doesn't make it seem any less unfair but this is an issue that I do think the law is a bit murky in.

Unless you are able to prove otherwise, I would think that any appeal would be rejected by the DM at the council and you would have to go to a tribunal to put your case.

Caz3121

from the information that you have given it is difficult to see what is the difference between a married couple that do not separate but the husband goes off for training then returns so you can see where they will have a problem.

One thought - did you pay regular child maintenance when you were apart either through the CSA or bank transfers, possibly you could use this as some sort of evidence that you were not together.