£551 Rent Arrears / WTC / Need to claim ESA / HB;

SimIsOnTheUp

Hi,

I'd really appreciate some help, as I'm so worried I'm going to lose my flat due my debt / depression / alcoholism / anxiety. A real b*stard of a vicious cycle, which I'm now determined to break.

The situation is this -

I was on ESA last year up until December when I started work.

I then had to leave work in January this year.

Had the Working Tax Credit 4 week run on, which ended last week. (had been £90 a week for last three / four weeks).

I'd aimed to start self - employment (telephone survey work from home; found on MSE), which I thought would bring in about £150+ a week to pay my bills / start to pay my debts.

This didn't happen, as I've felt too low to do the self - employment.

I did tell the WTC re the change of circs; ie - that I'd started the self - employment about two weeks back (was going to be 35 hours a week, but has been barely half that). Other then the WTC, I've only brought in a grand total of £7 from the self - employment :-/

I really don't know what to do.

My pressing priority is obviously my Rent Arrears of £551.

I'm with a Housing Association, and the £551 includes £100 'Costs' from when they went to Court on March 1st 2010. At that time, I was £770 in arrears with my rent which was then cleared before the court hearing (where they were originally going to go for 'Suspended Possession').

As my arrears were then cleared, they didn't go for 'Possession', but still went to Court to make sure they'd get their £100 Costs back. I was paying £2.00 extra a week last year towards these costs, but the HA have never applied them to the Costs (just to my arrears) so the £100 Costs are still outstanding.

Sorry I'm wittering.

The Rent Arrears = £451 and the Court Costs = £100 = Total owing to the Housing Association = £551.

Last Monday WTC paid Tax Credits of £90 and then last Tuesday WTC paid a further £77.

I've phoned WTC to check how much WTC will be paid next Monday, and they confirmed it will be £77.

£77 will cover my rent next Monday (which is £74), but that's it.

I was going to pay it and struggle, and try and work from Monday onwards but it's not sustainable until I get more help from my Doctor.

Really didn't want to go back on ESA, but I think I'm going to have to even if it's for a month while I get myself well.

My query is -

1 / Can I claim ESA again now? I'm worried I won't be entitled to it as I was on it last year. I've heard that you can now apply for ESA online.

2 / I desperately need some help with my rent. Will I be entitled to Housing Benefit now? I take it my Council would not backdate the HB by a month due to income of Working Tax Credits of £90 a week. Even though I've had no wages?

I feel that this is the end of the road, and the HA are going to chuck me out after I was in arrears before last year.

Would appreciate some help as to what to do next please.

Many Thanks,

Sim.

SimIsOnTheUp

PS - I have just paid £74 off the rent arrears (one week's rent) online.

So, now my arrears = £377 + costs of £100 = £477.

SimIsOnTheUp

PPS - My other query -

I've heard that one can not claim ESA for the same health condition, which one has suffered with (and claimed on the basis of) before.

I'm hoping that this is not the case as it sounds ridiculous :-/

Any idea guys?

SimIsOnTheUp

Just called the DWP.

They told me that I'm better off staying on WTC than going back on ESA, as I'd be going back on the lower (assessment) rate.

He also thought I'd be entitled to Housing Benefit.

So, I'll call the Council now and ask re HB.

Jowo_2

SimIsOnTheUp wrote: »

I feel that this is the end of the road, and the HA are going to chuck me out after I was in arrears before last year.

.

Though you can't rely on this judgement, some people believe a recent case in the supreme court now makes it virtually impossible for social landlords to regain possession of a tenant's property for rent arrears. They now have to show that they have bent over backwards to sort out options for them to prevent them from becoming homeless and this includes tenants who don't fill in claims properly for housing benefit. It's something to do with respecting the principles of the Human Rights Act by not making tenants homeless.

Contact Shelter for advice on how to deal with your arrears and prevent the loss of your tenancy.

Background to the case I mention is here - I assume it applies to housing associations as well as the council because I assume all social housing landlords have to respect the HRA but I could be wrong. Shouldn't be relied on in any case.

http://www.thisismoney.co.uk/news/article.html?in_article_id=523637&in_page_id=2

SimIsOnTheUp

Thanks Jowo for the info.

I've since called the Council, who were very helpful.

They told me that as my WTC is my sole income of £77 per week, that I will definitely be entitled for Housing Benefit.

She also asked me to put a letter together asking for it to be backdated by a month.

They can apparently do a 'fast track' claim for Housing Benefit if I go in on Monday with my letter / bank statements, and they'll process my claim within 24 hours.

I've emailed my Housing Association updating them on the situation, and have had a reply back from them thanking me for keeping them in the loop.

Am still stressed to hell but am determined to sort this. At least I've brought the rent arrears down from £551 to £477. Just wish I could clear it all before my next rent is due on Monday :-/

Have tried calling Shelter but couldn't get through.

Even though I still don't feel well, I'm going to try and get some rest over the weekend, get my letter / paperwork together for the Council HB dpt, and then start back on the self - employment next week too.

Thanks again,

Sim.

karenx

You have said you are barly doing half the hours required for WTC so you should not be entitled to that at all.

NASA_2

If your not working the WTC is not really an option.

You can claim ESA immediately unless you were disallowed due to the medical process on your previous claim. If you told them you returned to work and this is why they closed the claim then get a claim in straight away. Unfortunately, some people dont bother to tell the department they are going back to work, and they get disallowed due to not returning an ESA50 or attending the medical.

SimIsOnTheUp

Karen and NASA -

Thanks for the info.

I claimed WTC when I felt well enough to work, but as I've since not felt well enough, you're both right in that I shouldn't be claiming WTC.

What a pickle.

I am now going to cancel my WTC claim on Monday.

Will then claim ESA straight away, and get down to the Council and claim HB / CTB.

Really don't want to 'admit defeat', by admitting to myself that I don't feel well enough to work at the moment.

However, I do need some breathing space, if only for a month.

My rent also needs paying.

NASA -

Do you think I'll be eligible for 'backdated' Housing Benefit due to my sole income having only been the WTC?

The lady at the Council thought that I *might be*, so fingers crossed.

I've been physically and mentally shattered, and it's now time to start over with everything.

As much as it's daunting, I'm looking forward to tackling the debt / bills, aswell as the addiction and my overall health with a clearer head.

Am just annoyed that I went back to work too early last November, after my ESA tribunal (was successful, and they'd given me 6 months grace within which to sort myself out, while on the higher rate of ESA).

However, in hindsight, I just wanted to get off ESA and back working again.

Now though, I need to listen to what my body is telling me, as this is the last time I'll come back from this.

Cheers,

Sim.

ukash

i have a problem with rent arrear

skater_kat

Do keep in touch with the council regarding your HB claim - try to take everything they need down there in person and get a receipt for everything you hand in. Give them a call to chase up your claim.

Also, it is unlikely that a housing association will go down the court route as long as you are in active contact with them and showing willing towards paying off your arrears. even if you can pay a small amoutn towards the arrears this will help. and say in touch, explain all your mental health issues too.

good luck