Housing Benefits Matter - Should I Seek Legal Advice

CannotFindHelp

I came to the UK from Eire in mid 2008, and had a job the moment I arrived, I worked hard and had some small savings (£4,000) when the company I was working for went bankrupt in December 2009.

Knowing, that as a single person living alone I was entitled to claim JSA I made the necessary phone calls, and during the course of that I was asked if I wanted to claim Housing and Council Tax Benefit. Not knowing what these were I decided to let sleeping dogs lie and didn't make a formal application for it.

Fast forward to June 2010 and I signed off, finding work, but then had to sign back on to JSA in November 2010 because of the reduction of my work hours. Again I didn't know what Housing and Council Benefit were for so I didn't ask.

A colleague recommended over Christmas I look at the idea of Housing and Council Tax to help with my rent payments. So I went and filled out the forms and did that. There has been a short delay in payment while they check my claims, but were most interested as to why I didn't claim when I originally signed on JSA. I told them I wasn't aware of the system and asked if I could backdate the claim (to November 2010).

My council said I couldn't although the DWP have told me I should investigate this further. The reason they have given me for not paying a backdated payment is that "ignorance of the law and the rules is not good reason to backdate a claim" but surely if nobody offered me any advice on these things then I am reasonably allowed to backdate the claim??

dmg24

The LA are correct, you need good reason for a claim to be backdated, and not being aware of your entitlement is not good reason. There is no point in seeking legal advice, especially as few solicitors have any knowledge of benefit law.

real1314

CannotFindHelp wrote: »

I came to the UK from Eire in mid 2008, and had a job the moment I arrived, I worked hard and had some small savings (£4,000) when the company I was working for went bankrupt in December 2009.

Knowing, that as a single person living alone I was entitled to claim JSA I made the necessary phone calls, and during the course of that I was asked if I wanted to claim Housing and Council Tax Benefit. Not knowing what these were I decided to let sleeping dogs lie and didn't make a formal application for it.

Fast forward to June 2010 and I signed off, finding work, but then had to sign back on to JSA in November 2010 because of the reduction of my work hours. Again I didn't know what Housing and Council Benefit were for so I didn't ask.

A colleague recommended over Christmas I look at the idea of Housing and Council Tax to help with my rent payments. So I went and filled out the forms and did that. There has been a short delay in payment while they check my claims, but were most interested as to why I didn't claim when I originally signed on JSA. I told them I wasn't aware of the system and asked if I could backdate the claim (to November 2010).

My council said I couldn't although the DWP have told me I should investigate this further. The reason they have given me for not paying a backdated payment is that "ignorance of the law and the rules is not good reason to backdate a claim" but surely if nobody offered me any advice on these things then I am reasonably allowed to backdate the claim??

You were fully aware that HB and CTB were available to claim - you admit this in the 2nd paragraph. Just because you chose not to pursue a claim doesn't give grounds to backdate.

viktory

CannotFindHelp wrote: »

...surely if nobody offered me any advice on these things then I am reasonably allowed to backdate the claim??

Oh come on! Your post demonstrates that you are reasonably intelligent. Could you not do a teeny tiny bit of research?

Oldernotwiser

If someone asked if you wanted to claim something and you decided not to, I cannot see why you think you have any cause for complaint!

DX2

CannotFindHelp wrote: »

Knowing, that as a single person living alone I was entitled to claim JSA I made the necessary phone calls, and during the course of that I was asked if I wanted to claim Housing and Council Tax Benefit. Not knowing what these were I decided to let sleeping dogs lie and didn't make a formal application for it.

So whilst on the telephone to them when they asked if you wanted to claim HB/CTB and you say you didn't know what these were for, why did you not ask "Could you please explain what HB/CTB is"? Is that not what people do when they don't understand things.

AnxiousMum

Personally, if I were the decision maker in your case, I'd be curious as to what funds you used to live on - pay rent, council tax, bills etc. during the time you were 'unemployed'. £4,000 hardly pays for all your expenses for any extended time, and at some point, I would think a person would be worrying about money running out - how am I going to pay rent, council tax etc., unless the person was also working! But then, I'm a suspicious type of person anyways. But as I say, I'd be looking into what income wasn't declared during the timeframes you were claiming!

danaharrison

i am afraid u dont reallly have a case hun, u were offered HB/CTB and chose not to take it so the council have fulfilled their obligation. by all means go for it but i dont think u will get anywhere love, sorry i couldn't help x