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Housing Benefit
Comments
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Any private property is subject to a rent office decision. This means your rent will be refered to the rent office who will decide the maximum amount of your rent which will be eligible for Housing benefits. The first thing is to always make sure that the rent section of your claim form is filled in 100% correct. If you have any concerns check with the Housing Benfit office, as its amazing how many claimants missfill this part of the form with the result their rent referal is considered on the wrong information. If you did not make a mistake in your claim form then unfortuately yu have no right of appeal against a rent officer decision. It is possible to request a rent officer redetermination. This means the rent office will relook at their decision with a fresh pair of eyes. But please note this does not mean that your rent will increase, they will just make a second decison which may potentially be either higher or lower than the original decision. It otherwords your Benefit could go down as well as up.
As a short term measure you could apply for a Discretionary Housing Payment to ofset the rent officer decision. You need to show you need further help with your rent costs and any award is discretionary. It might be a good time to apply as the DHP budget has to be spent by April, so by now councils are usually looking for cases.0 -
Could I ask those who appear to be in the know - can you have more than one redetermination in a period?
We asked for a rent redetermination about a year ago as we were awarded approx 2/3 of our rent as benefit, despite us being in one of the cheapest properties of this type in the county (the reason we took it on in the first place), and being totally reliant upon benefits.
The redetermination came back agreeing with the original figure (although it wasn't until after our appeal period had expired that we discovered we, a 2 bed bungalow rented for medical purposes, had been assessed as a standard 2 bed terrace - would that have made a difference?).
Anyway, we've been advised that the landlord is looking to increase the rent at our next renewal - there is nowhere cheaper - still won't be unless the increase is in three figures - and we want to stay if we can as the house is perfect for us - so we wondered if another redetermination when the increased rent comes into affect (this time making sure they assess the right property) would be an option.DFW Nerd no. 884 - Proud to [strike]be dealing with[/strike] have dealt with my debts0 -
Ross01
QUOTE:
"Any private property is subject to a rent office decision"
Generally when people quote something they know the source of the authority. I would be interested to know the ledgistive authority for referrals to the rent officer.Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.0 -
earthmother wrote:Could I ask those who appear to be in the know - can you have more than one redetermination in a period?
We asked for a rent redetermination about a year ago as we were awarded approx 2/3 of our rent as benefit, despite us being in one of the cheapest properties of this type in the county (the reason we took it on in the first place), and being totally reliant upon benefits.
The redetermination came back agreeing with the original figure (although it wasn't until after our appeal period had expired that we discovered we, a 2 bed bungalow rented for medical purposes, had been assessed as a standard 2 bed terrace - would that have made a difference?).
Anyway, we've been advised that the landlord is looking to increase the rent at our next renewal - there is nowhere cheaper - still won't be unless the increase is in three figures - and we want to stay if we can as the house is perfect for us - so we wondered if another redetermination when the increased rent comes into affect (this time making sure they assess the right property) would be an option.0 -
Just for info... Rent officer referrals are valid for 52 weeks fro the date that they are sent unless there a change in circumstances ie the amount of people in the household. Unfortunately the rental charge does not fall into this category and therefore any increases in rent won't be referred until a new referral is due. I believe as well that there can only be one redetermination in the 52 week period and this must be submitted in writing within 6 weeks of the date of notification.
Hope this helps.0 -
Turklemon is correct.The claimant can only request one rent officer redetermination. If one redetermination has already been carried out, then you will have to wait until the end of the 52 week period. The local authority has the power to request that the rent office to carry out a second rent office re-determination, but this is very unlikely. I would only expect the to ever do this if they feel somehting is seriously wrong. Also the rent following a redetermination can go down as well as up.0
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To the OP - I note that you said your property is part furnished (white goods) -did you note this on your HBEN form, as they will make a charge for this.
Also - is the £300 what they are allowing for the property or what they are allowing you as benefit against the property? These are different things, £300 maximum rent for the property is what they consider the maximum allowable rent taking in to consideration your family composition and the size of the property, whereas the £300 benefit that you are receiving is what they calculate you are entitled to against the maximum alowable rent - which may be as much as the £425 charged by the landlord.
Sorry if I have missed it somewhere but it seems to be an unanswered question to me.
Stella xx0 -
stellagypsy wrote:To the OP - I note that you said your property is part furnished (white goods) -did you note this on your HBEN form, as they will make a charge for this.
Also - is the £300 what they are allowing for the property or what they are allowing you as benefit against the property? These are different things, £300 maximum rent for the property is what they consider the maximum allowable rent taking in to consideration your family composition and the size of the property, whereas the £300 benefit that you are receiving is what they calculate you are entitled to against the maximum alowable rent - which may be as much as the £425 charged by the landlord.
Sorry if I have missed it somewhere but it seems to be an unanswered question to me.
Stella xx
Stella,
Didn't fill in a Claim form. They just told me to fill in a Change of Circumstances form. I put in new address, that it was a 2bed flat, partly furnished with white goods and fitted drobe in master bedroom. They didnt want me to fill in another claim because they said it'd all [the system] changed (?).
I told Rent Officer it was partly furnished too.
£300 is what they have determined that the propertly is worth.
I am on Income support, so I get full Housing benefit. Thats what they tell me anyway.
1 Week since I put Appeal in and asked for explaination... nothing yet.
Might ring em tomorrow. I havent heard about DHP yet either.. they've not asked for a Budget sheet either.. coz I forgot to put one in.
not heard from landlord either, guess they were unsuccessful with their chums they know in the rent office..
Peter0 -
GO AND SEE THEM!!! I hate hate hate HB they have been such slippery b****ds to us. But, last year after a particularly ridiculous upheaval I made an appointment to speak to someone at the local housing office. Just phone the main benefits line and they'll give you another number (just to keep you on your toes) to make an appointment to see someone in person. And it's usually the next day or certainly within the week. I sat in front of a real human being, put an enormous wad of paperwork in front of him and said "Please explain this, because I can't make head nor tail of it". Bless im he sat there for over an hour with us. He went through the whole lot, I was able to explain exactly what had happened, and make sure he understood. He knew what to do, who to contact within the vast Gilliam-esque system, and what I had to do. It was great, and was all sorted out within a month (which hey, is lightning speed for the benfits office). I was able to complain whiningly and pathetically, and he answered me. I was able to ask vague and human questions like 'but is there anywhere else I could ask for money in the meantime?', and he told me.
Since then, they have beaten me once more, and I confess for a few months I just gave up. I didn't have the strength to fight them any more (which sounds like where you're at). But I refound this site, and darn it I've booked another appointment for tomorrow to once again ask just what the bleedin nora is going on. :T
Don't deal with the system, it will grind you to ashes; pierce its vulnerable belly and speak to a human being who works within that system - and probably hates it as much as you do
I really really hope things play out well for you all. Tell your wife from me that HB has had me in tears several times, too. I feel for you. But keep fighting. :beer: Oh, and take your wife with you. Outnumber them. PLus she'll get to put her worries too.:TProud to be dealing with my debts :T0 -
Thanks for your post Wiggly Worm. It's nice to hear from people who have been/are in same situation, well, not nice, but you know what I mean!
Rang them today and they confirmed they had received my letter of Appeal and that it had been forwarded onto the "Supervisor" but they had received many Appeals and will only work through them in chronological order and I was to give them another week.
Meanwhile, I do have my appointment with some place that offer advice and assistance in dealing with problems in regards to benefits. Friend of mine had been trying to get DLA for several years only to be declined, this place fought his case and even went to court and he won it. So I am hoping they can be very useful in helping me getting my HB sorted. That's on the 20th. I shall let you all know what becomes of that.. if nothing does, then I will have to make an appointment with HB and grab the bull by the horns myself.
We've already told HB that we cannot afford to live here and have no idea where we're going to find the money to pay the landlord (landlord was there when I was on phone to them). We'll simply have to go into arrears with the Landlord for now, theres nothing else we can do.
We already have a ton of debt and theres plenty going on, we could do without all the added stress, especially at xmas! but thanks for your support.. it's greatly appreciated. Let me know how you get on tomorrow. Hope something positive happens. Although I hold no hope with those idiots!
Cheers,
Peter.0
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