Housing Benefit Underpayment

BaldEagle

Is there a statutory time frame in which the LA has to respond to requests for a review of LHA?

The reason I ask is that my self employed earnings have dropped dramatically this year and I recently submitted a request for a review. The last time I did this it took 7 months for the LA to do anything about it and the way things are at the moment, I'm going to struggle to pay my rent next month.

Cheers.

fluffymovie

Sadly not. If we fall behind which is happening more and more with staff cuts, work is taking a lot longer than we would want.

BaldEagle

Thanks for the quick reply, Fluffy, although obviously not what I was hoping to hear It's the cut backs that have caused my problem as a lot of my SE work was for public sector organisations.

I'm guessing that there's no chance of a DHP to make up the shortfall whilst they're making a decision? I've provided them with figures, bank statements and such like so there shouldn't be any dispute over the new figure. I've done my sums and unless the LA can turn around my review in the next 2-3 weeks, I'm likely to get turfed out...

terryw

BaldEagle wrote: »

I've done my sums and unless the LA can turn around my review in the next 2-3 weeks, I'm likely to get turfed out...

If you are a tenant, your landlord must go through the correct procedure with notices, a court application and a court order. He can't just turf you out.

Suggest that you keep him well up to date with the HB application progress, showing him the paperwork if necessary to show that you are genuine.

HappyMJ

Is there not a target of 10 days? Or is that just some spin my council uses to convince us they are doing a good job. On 1 leaflet it says your claim will be processed within 10 days and on another report it says 99% of claims are processed within 10 days and the average time being 4 days. I suppose you'll need to ring your council and ask what their service standards are.

rogerblack

BaldEagle wrote: »

Thanks for the quick reply, Fluffy, although obviously not what I was hoping to hear It's the cut backs that have caused my problem as a lot of my SE work was for public sector organisations.

I'd try to get your application pushed a bit further up the queue.
Explain your situation with the landlord, and if no very prompt action, make a formal complaint.
You are not complaining about the staff, but if there are not enough of them, that's cause for complaint on its own.
If it gets very desperate, maybe even drop in on your MP.

BaldEagle

Thanks everyone for your feedback. I'll go and see the HB folks tomorrow and see if there's anything that can be done to move things forward although it's a visit more out of hope than expectation. I'll also speak with my landlord and try to iron things out with him. Fingers crossed, eh?

If all else fails, anyone got a spare sofa in NW London? I'm fairly house trained...

fluffymovie

Hi. A DHP won't do it I'm Afraid as it needs to be on current income.

10 days is not a national target. We are measured on how long it takes to
Process new claims and change in circumstances. There are levels of performance but no statutory time limits

Hammyman

BaldEagle wrote: »

I'm guessing that there's no chance of a DHP to make up the shortfall whilst they're making a decision? I've provided them with figures, bank statements and such like so there shouldn't be any dispute over the new figure. I've done my sums and unless the LA can turn around my review in the next 2-3 weeks, I'm likely to get turfed out...

I think they have to make payments under Rule 91 if I remember correctly.

Hammyman

fluffymovie wrote: »

Hi. A DHP won't do it I'm Afraid as it needs to be on current income.

10 days is not a national target. We are measured on how long it takes to
Process new claims and change in circumstances. There are levels of performance but no statutory time limits

Sorry but you are incorrect. Rule 91 of HB specified 14 days. I expect the LHA does as well although I'd need to ask my bro to confirm but he has mentioned it before.

Time and manner of payment

91.—(1) Subject to paragraphs (2) and (3) and regulations 92 to 98 (frequency of payment of a rent allowance, and payment on account of a rent allowance, payment provisions, offsetting) the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

(a)the times at which and the frequency with which a person’s liability to make payment of rent arises; and

(b)the reasonable needs and convenience of the person entitled thereto.

(2) Where a person’s entitlement to housing benefit is less than £1 weekly the relevant authority may pay that benefit at 6 monthly intervals.

(3) Subject to regulations 92 to 97 (frequency of payment of and payment on account of a rent allowance, payment provisions), every authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.


You can request an interim payment under rule 91.

fluffymovie

Yes that's for the first payment on a new claim, this is a change in circs