council 'random' check, what do i say ?

RayWolfe

peter999 wrote:

It's easy to read things into many of these questions.
The general public will automatically do this assuming the wording of a question reflects the benefit rules & may directly decide whether they are entitled to that benefit.

So whatever the reason for a particular question, why would anyone who has a clear conscience worry about it? Is there an implication that people should lie about their circumstances depending upon what they think the consequences of the questions are?
I can understand people asking here if they don't understand the question but too often I see people asking "how" to answer.

lesandflynny

Hi Kronas

Hope you had a good christmas, and I sincerely hope you have sent back that bl--dy form. Out of sight and out of mind!

Don't worry, and certainly don't get on a guilt trip about staying at your mums...... Some people can make things a little too complicated, don' t you agree? You are unwell and need your family sometimes...... thank god they are there for you.

Incidentally, did you know that if you were a criminal and went to prison HB would pay your rent for a considerable period. That is not to say that criminals are any less deserving, they too have a story I am sure.... I just wanted to give a flip side to the story.

Do let us know how you are.


Best wishes for 07

woodfairy

The forms are not random. They are generated by the DWP using a risk score. And a working age claimant should still get one about every six months and a pensioner one about every three years. But you may get more or less depending on your circumstances. In most cases a computer churns through a mathmatical formula, occasionally human beings cut into the process and order interventions (DWP calls them interventions).

PS: If the flat is "normally occupied as your home" then thats fine its your home and HB is payable on it. It doesn't matter you spend some time away from it, or spend three nights a week away from it or whatever. As long as its your "normal" home and you are generally occupying it there's nothing to worry about.

And don't fret about the forms - your just a risk score to the computer that churns out the CDs that the local authority has to print off forms from. Each authority has to do so many a month (although from April thats changing but thats off the point here), and those that have taken up what is known as a "visiting module" have to do so many visits a month and these targets are again set by the DWP and are public if you know where to look. The visits are generated in the same way as the interventions. They are routine and generate a lot of fuss and worry for a lot of people but they were designed to stop the need to renew a claim every 6 months and claim benefit all over again. Now your benefit keeps going until you have a change of circumstances that knocks you off it and these are just spot checks to make sure things have not changed. They are helpful for people who's income fluctuates for example and who "forget" to tell the local authority.

They can actually do them over the phone too.

kronas

ok thanks so far guys, not had the chance to send the form back as yet, but it will hopefully be done on monday, have had alot going and a few hospital visits too.

woodfairy

kronas wrote:

ok thanks so far guys, not had the chance to send the form back as yet, but it will hopefully be done on monday, have had alot going and a few hospital visits too.

Do it within a month or your benefit is liable to be suspended under Reg 13.

thesaint

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Quote:
Originally Posted by thesaint
I don't know if this info is too late, but Housing benefit rules usually state that you can not spend more than 3 nights in a week away from your home. similarly, they want to know if someone else stays at your home for more than 3 nights a week.

I'm not sure this is right - have you got a source that states that?

I'm sorry for giving the wrong information here, but I have worked in a few homeless hostels, and we were required to report it to the HB dept if residents do not use their flats/rooms for more than 3 nights in a week. I accept that may be a wrong interpretation from our manager or the rules are different for hostels/sheltered housing.

Thank-you for the courteous way you questioned my information Fran.

real1314

thesaint:

i think the accepted way of dealing with hostels is different from the way in which standard residences are treated.
you can establish residence in a house as a tenant and still have 13 / 52 week absences, but you cannot be absent from a hostel for a single week without breaking residency.

charles w may have been a bit strong in his/her response, but this was probably necessary to ensure people were not mis-led on this issue.

For the OP:

I'm paraphrasing here - Zebedee Ward & lister 2003-04 para 3.85 (only copy to hand), but absence of up to 13 weeks is ok if medically approved by GP or nurse but doesn't need to be in the form of a certificate.
Further is that a stay at the property of a few hours would not re-instate residence, but a stay of 24hrs would, so the 13 weeks could start again (para 3.82), although this is not really established law, more DWP "advice" (implies that this is based on opinion but has not been tested in court and could lead to a case).

Based on the above, the OP could re-start the 13 week medical absence allowance each time he/she returns home for more than 24 hrs, however this is subject to the medical approval.

My advice (imho only) would be to get a GP/Nurse letter advsing the stays away, and to fully inform the council of the situation. This will ensure you avoid any fraud issue.

hth

ekkygirl

I work with H/B claimants everyday, One of them has been reviewed twice in 6 months and none of the others have. All are the same, young, teenage, single. no kids, on benefits, When I asked the council they said if it happened again they would see what they could do but was most likely a blip in the system and we have had no trouble since.

kronas

had a right suprise on thursday, i was in bed at my parents home and my mum woke me up and said two people from the council are here to see you :eek: i got dressed and ready, told them the situation after they explained why they turned up, unannounced with no prior notice, in the end they took a statement as to what i told them verbally and i had to sign it, i asked if it was ok should it affect my rent etc, he said it should not do, i am allowed to stay over at my parents, as i told them about my health deteriorating!!

so hopefully no more suprises, it was the DWP that had got in contact with them!

peter999

kronas wrote:

had a right suprise on thursday, i was in bed at my parents home and my mum woke me up and said two people from the council are here to see you :eek: ....they explained why they turned up, unannounced with no prior notice,

Eek, life's full of little surprises. :eek:

Good that things seems to be sorted. :T :j :beer:

peter999