JSA and council tax benefit

The_IT_Fairy

OK - so it appears that my sister has got herself in a bit of a mess money-wise (which my mum and I are now having to help her sort out). She isn't the most savvy person in the world and is quite vulnerable - possible learning difficulties/autistic spectrum/dyslexia - and finds it difficult to deal with "officials" as she often doesn't understand what they are telling her.

Bit of background. Sister was unemployed until 17th November 2009 when she started working (paid - NMW) in a charity shop. She says that she definitely told JCP she was starting work and signed off but was told to continue signing on for credits as the job was only 15 hours a week. Job lasted until March and she signed back on again on 30th March 2010.

July she receives a letter explaining that her JSA will be reduced by approx £19 a fortnight to reclaim an overpayment. This level will continue until March 2011 when it will then be reduced further if she is still claiming (haven't seen the letters so can't confirm the details). She's currently receiving £111/fortnight. It appears that between November and March JCP were still paying her even though she was working (I know - she should have noticed!).

Fast-forward to yesterday when my mum finds out (by accident) that my sister is nearly £1000 overdrawn at the bank, has had her electricity and gas DDs declined for lack of funds, hasn't been paying the management charge on her flat and, worst of all, hasn't been paying her council tax.

How do we find out whether she did actually sign off? Because if she did, and JCP continued to pay her, then surely that's their error and they shouldn't be trying to reclaim it?

I've already spoken to the council tax benefits people and a change of circumstances is in hand but was wondering if they will be able to backdate that to when she signed on in March? Council tax in North Somerset is horrendously expensive (over £1100 for a band B flat before single person discount - so not something that can be afforded on JSA!).

Thanks,

The IT Fairy

anamenottaken

The_IT_Fairy wrote: »

Bit of background. Sister was unemployed until 17th November 2009 when she started working (paid - NMW) in a charity shop. She says that she definitely told JCP she was starting work and signed off but was told to continue signing on for credits as the job was only 15 hours a week. Job lasted until March and she signed back on again on 30th March 2010.
.....
How do we find out whether she did actually sign off? Because if she did, and JCP continued to pay her, then surely that's their error and they shouldn't be trying to reclaim it?

If the job was only 15 hours/week, then she could continue signing on - to get the NI credits as you have said. Did she actually turn up and sign-on? I think she must have done as they wouldn't pay if she didn't turn up each fortnight.

What should have happened is that her benefit should have been reduced by whatever she was receiving in pay (less, I think, £5). Did she tell the Jobcentre how much she was earning at the time she was earning it?

The_IT_Fairy

anamenottaken wrote: »

If the job was only 15 hours/week, then she could continue signing on - to get the NI credits as you have said. Did she actually turn up and sign-on? I think she must have done as they wouldn't pay if she didn't turn up each fortnight.

She definitely went and signed on every fortnight because she arranged to go on a day that she wasn't working. And she has all the sign-on dates written in her diary.

Re the flat management charge - the flat is nominally owned by her but was bought with money from my dad's estate when he died. Made much more sense than her continuing to live in a horrible bedsit for an extortionate rent (North Somerset is ridiculously expensive!). Mum and I are now wondering if it would be best to change the name(s) on the ownership to protect her a little for the future.

I'm going to see her over Christmas and have told her I need to see every single letter she has ever had from JCP and council tax to try and work out what's been going on.

The IT Fairy

dmg24

Did she complete a form each fortnight to say what she had worked, and take in her payslips?

The_IT_Fairy

dmg24 wrote: »

Did she complete a form each fortnight to say what she had worked, and take in her payslips?

No idea! I'll ask when I see her. Is that what normally happens if you're signing on for credits? I can't imagine that she'd do it wrong - she's been in and out of jobs (mostly part-time) since she left school.

The IT Fairy

dmg24

The_IT_Fairy wrote: »

No idea! I'll ask when I see her. Is that what normally happens if you're signing on for credits? I can't imagine that she'd do it wrong - she's been in and out of jobs (mostly part-time) since she left school.

The IT Fairy

If she is declaring that she is also working it should happen, yes.

Has she been claiming for help with her service charge? Depending on how much she was earning and how much the service charge is, she may still have been entitled to some help.

The_IT_Fairy

dmg24 wrote: »

If she is declaring that she is also working it should happen, yes.

Has she been claiming for help with her service charge? Depending on how much she was earning and how much the service charge is, she may still have been entitled to some help.

OK back in the land of having internet access (Mum's PC has given up the ghost and I didn't get time to fix it). Spoke to my sister over Christmas and she was definitely filling in a form giving details of the hours she was working and showing her payslips.

She doesn't appear to have all the letters that she should have from JCP (she's probably thrown them away:mad:) so I've done a Subject Access Request letter for her asking for all relevant information. One letter that she does have indicates that the alleged overpayment is of the order of £330. If it turns out that JCP were paying her when they shouldn't have been, even though she was giving them the correct information about her work (ie it was their error) is she still liable to re-pay the overpayment? Morally I would say yes because she shouldn't have had the money but she didn't ask them to keep paying it....

We've also requested that JCP be able to speak to either me or mum about her claim - will they do this is she's said this is OK?

Mum has been in to the bank with her and the bank manager (he's new) seems very sympathetic so we've done a cheeky request for a refund of all charges. Don't mount up to a huge amount but when you're only getting £60 odd a week then anything we can get back will be a help.

And the council tax people can't understand why she isn't getting full council tax benefit so an email is going to them about it.

Fairly constructive Christmas really! Any further suggestions for what we can do would be welcomed.

The IT Fairy