Question about LHA (housing benefit), anniversary dates and the single person rate

finance-boy

Hi everybody,

My claim for LHA was closed in early June when I switched from JSA to ESA due to anxiety problems. Apparently, this is because I was a "clerical case" so my claim wasn't processed on computer and the council weren't getting information from the DWP about my income/benefits.

I noticed my bank balance going further and further down (I don't get paper statements) but didn't know why and chose to bury my head in the sand until now. I have a large overdraft from when I was a student, which has helped cushion me from the LHA loss. And I live very modestly so I haven't exactly been haemorrhaging money. I didn't realise that my LHA had been stopped until I checked online. Apparently, they'd called at the flat and left a letter in my letterbox but my flat is above a shop and so I don't have a front door. I had a letterbox attached to the gate but it keeps getting broken into. I told them about my problems with receiving post ages ago and they said they'd put a note on my file. Indeed, they usually send post to my mum's address but decided not to this time. They also have my mobile phone number and email address but didn't use them to contact me.

Anyway, I'm going to start a new claim and hopefully get the past 4+ months backdated, but I'm worried about the change to my anniversary date and my entitlement to the single person rate...

I'm currently on the single person rate but as I understand, changes by the coalition government mean that everyone younger than 35 will be put onto the lower "shared house" rate on their anniversary date, starting next year.

My previous anniversary date was October, meaning that (I think) I'd get the single person rate until October 2012, but if I make a new claim now, backdated to June, I'm not sure when I'll be put on the shared house rate. Will the anniversary date be brought forward to June? Will I just get put straight on to the shared house rate?

I'm in CBT (cognitive behavioural therapy) now and I hope that I'll be better and will be able to stop claiming benefits long before October 2012, but at the moment my anxiety problems make it difficult to be around people so I don't think I could cope with having to take in a lodger to help pay the rent.

I know a lot of people won't have any sympathy for me, and will say that's just the way it is, but I don't think it's fair that my anniversary be brought forward (possibly to June) because of a clerical error by the council/DWP.

Can anyone advise me here? I'd be really grateful

Oldernotwiser

I don't know about the anniversary date question but I cannot understand how someone o benefits doesn't notice that their rent money hasn't been paid in.

finance-boy

Like I said, I have a big overdraft from my student days. And it's not that I didn't notice I was losing money, I just didn't know where I was losing it from, due to me sticking my head in the sand, due to my anxiety problems. I'm not well-off by any means, and I don't have anywhere NEAR the £6000 in savings that would affect my entitlement to Housing Benefit/LHA

Oldernotwiser

finance-boy wrote: »

Like I said, I have a big overdraft from my student days. And it's not that I didn't notice I was losing money, I just didn't know where I was losing it from, due to me sticking my head in the sand, due to my anxiety problems. I'm not well-off by any means, and I don't have anywhere NEAR the £6000 in savings that would affect my entitlement to Housing Benefit/LHA

But this sounds as if you do have savings.

finance-boy

Are you saying that my overdraft counts toward the £6000 limit? Am I supposed to include the available balance on my credit card as well??

I don't have any problem letting them look through my bank statements. in fact, I've already printed them out under the advice of the Community Legal Advice Centre, so the council can see that I have been receiving ESA and my claim should never have been stopped.

I've also asked CLAC how starting a new claim will affect my anniversary date and my entitlement to the single person rate but they're not much help. I thought somebody here might know a bit more... Anyone?

fluffymovie

If your backdate is granted, your anniversary date will have been this month. You would get 9 months transitional protection if the reductions in 1 bed rate would affect you. At the end of this, you'd go onto shared room rate.

If not, your anniversary date will still be October but no transitional protection and you will move onto SRR next october.

Here's the link to a recent circular http://www.dwp.gov.uk/docs/a6-2011.pdf

Oldernotwiser

finance-boy wrote: »

Are you saying that my overdraft counts toward the £6000 limit? Am I supposed to include the available balance on my credit card as well??

I don't have any problem letting them look through my bank statements. in fact, I've already printed them out under the advice of the Community Legal Advice Centre, so the council can see that I have been receiving ESA and my claim should never have been stopped.

I've also asked CLAC how starting a new claim will affect my anniversary date and my entitlement to the single person rate but they're not much help. I thought somebody here might know a bit more... Anyone?

Of course not but your earlier post implied that you actually had savings.

finance-boy

Thanks fluffymovie, that's really helpful

I still can't quite make out whether I'd be better off appealing against the decision to stop the old claim or just start a new one with the backdate...

Oh well, I suppose it's time for me to sort this mess out. Thanks a lot

pandaspot

You only have a month to appeal against a decision. Best to make a new claim and request a backdate of benefit

finance-boy

Thanks pandaspot :-)

I've already started an appeal through the Communty Legal Advice Centre but I've also filled-in a new claim form, so hopefully I'll have all bases covered. It's all very confusing, though :huh:

skater_kat

sounds like you are in a two bedroom flat as you talked about not being able to get a lodger in...is this correct?