Housing Benefit guide Discussion Area

turkleton

pammy60 wrote: »

My daughter has been claiming housing benefit for about 3 years now and the council have never sent her any paperwork to reveiw her situation. She has now rec'd a letter saying that she owes them about £6000.00 plus £2000.00 in council tax. Does anyone know if she has to pay this, as it is obviously the councils mistake.

I don't really see how you can say it's the Council's mistake unless there is something you aren't telling us. Even if your daughter wasn't sent any entitlement review forms it is still her responsibility to inform the Council of any changes to her circumstances that will effect her entitlement to benefits.

She can appeal against the overpayment and the appeal will be heard in front of an independent body if she does believe that she isn't at fault for the overpayment. If she is still liable for the overpayment she can go to the upper tribunal but that's an avenue to be considered when she comes to it.

rickbonar

As long she did everything required to inform the council that was asked I can't see how it is her fault. How is she to know what may affect her benefit?
Councils are notorious for making mistakes.

Perhaps the independent board is the first stop but then if fails then the bankruptcy option.

turkleton

rickbonar wrote: »

As long she did everything required to inform the council that was asked I can't see how it is her fault. How is she to know what may affect her benefit?
Councils are notorious for making mistakes.

Perhaps the independent board is the first stop but then if fails then the bankruptcy option.

But we don't know that she did everything required and without knowing what change caused the overpayment we can't say who is at fault.

As for asking how would she know what may affect her benefit I'd suggest common sense. If you are claiming a means tested benefit any changes to your income and capital or household would make an impact on your entitlement. I'd also wager that the application form that she signed and any notification letters she received also told her to inform the Council of any changes.

I'd just like to make it clear that I'm not actually blaming anyone but I'm not happy to assume that the Council is in the wrong without knowing any details.

I also wouldn't suggest going bankrupt for an £8000 debt that could probably be paid back in low installments but again, without knowing all of the circumstances involved it's not black and white.

HAPPY4LIFE_2

Hi,

Just wondered if anyone could give me some advice? I have a app booked with tye CAB in a few weeks but really need help now! Bascially I am not sure whether I am entitled to any housing benefit or working tax credits. I am 30 and am just having to move out of home as my parents are moving...I will be renting a room in a shared house, but the rent in my area is very very steep....I work 40 hours a week for the council, but don't earn enough to cover rent, bills and everything else that drains my pay packet...is it likely I will be able to get some help? I am really worried I am going to end up sleeping on a friends sofa!!!!

rickbonar

It all depends what your rent is and what your income after tax is.
Same with council tax.

catz1ct

HAPPY4LIFE wrote: »

Hi,

Just wondered if anyone could give me some advice? I have a app booked with tye CAB in a few weeks but really need help now! Bascially I am not sure whether I am entitled to any housing benefit or working tax credits. I am 30 and am just having to move out of home as my parents are moving...I will be renting a room in a shared house, but the rent in my area is very very steep....I work 40 hours a week for the council, but don't earn enough to cover rent, bills and everything else that drains my pay packet...is it likely I will be able to get some help? I am really worried I am going to end up sleeping on a friends sofa!!!!

The best thing to do is just get a claim in for HB/CTB asap so they can assess your income. Its very difficult to tell if you would be entitled or not just from posting on here because there are so many different factors to consider.

xcathx

xcathx wrote: »

Hi all, I've just read the article and I'm trying to figure out how the changes will affect me but am a bit stuck so any help would be appreciated.

I have been living on my own and claiming housing benefit since before 2008. Last week my partner moved in with me (also not working atm) so we went to the HB office to alert them of my change in circumstances so they can reassess my HB/CTB. They told us it'll take approx 3 months to give me a decision (they have to wait 6 weeks while my new IS claim is processed, then 6 weeks for them).

I have no idea if this change in circumstances will cause my benefit to change to lha or not, and as such, don't know if,how or when the cuts in April will affect us - which of the three boxes in the article would apply to me?

I would go back to the council office to ask, but I'm sure you're all aware how helpful and informative they are (!)

Between losing my partner's JSA, having to wait 6 weeks to find out if we can get any IS and not receiving any HB/CTB for the next 3 months, we're already finding ourselves in a bit of a tricky situation money-wise. At least if I know how this will affect us we can alter our budget.

Thanks in advance for the help

Just a quick update:
After receiving several incorrect payments, they finally decided that I was entitled to £56 HB for our £85 rent bill. They said this was because my property had been assessed by the Rent Officer who had deemed this to be a fair rent. When I questioned this (knowing the Rent Officer doesn't exist any more), they said that when I was last assessed, several years ago, that was the amount of rent I was paying, and it was deemed to be fair at the time. Every year, that amount continues to be used as the 'fair rent' amount for the property, regardless of how much the actual rent may be. There is apparently no way to change this amount. The only way we would ever be able to receive more than ~£50 would be to request to be moved onto the LHA scheme!
Luckily we were in the HB office on the last day to apply for March's rates (meaning all of the rent would be covered), however, they told me they wouldn't start processing my claim until the next day as it was after 3pm (meaning I would be on April rates, not covering all of our rent).

I thought that being on the old HB system would give me some protection against all of the changes the new government are bringing through, but it turns out not to be the case. We would now be much better off if my partner moved out & we both lived with strangers instead. :huh:

mistymemo

I was on housing benefit from July 2010 till March 2011 when i was unemployed. I found a temp job in March and then I was informed that I would need to pay back £900 for overpayment of housing benefit to me. The main question i wanted to ask was now that my temp job has come to an end can i start claiming again for housing benefit or will I not receive this until the full amount of overpayments is paid? I have been paying money towards it each month. Please help, I would be really grateful and thanks for your advice :-)

fluffymovie

Xcathx the rule is that you get the rate for the month in which you claim so if you handed in the form 31 march, it should be march rates

turkleton

Xcathx, the rent officer does still exist although they all now work for the valuation office. They set the LHA rates for claims that fall under local housing allowance. They also set the rates used in the calculation of privately rented claims that have been continuous since before April 2008, claims that have substantial support or board included in the rent and housing association tenants who are over accommodated or whose rent is overly expensive (although not all councils refer these cases).