housing council tax benefit underpayment

kennethw_2

Help wanted on my situation.

For a while, I was living in a caravan, and paid cash in hand to the landowner. The local authorities caught up with the situation and ordered my eviction.

Thankfully, I recently found I had a decent pension from previous employers, so despite advice not to - but how else do you keep a roof over your head, when the going rate is a deposit plus six months rent upfrount, in my case £4125.

I am self employed and currently receive tax credits.


My claim for housing benefit/council tax benefit was placed 13th March and still ongoing.

Currently, they refuse to pay anything for the first 10 weeks due to "delay in providing your accounts"-when they were not paying due to four other queries on my case. I believe this was done so that they could instantly cap my claim under rules for new claims as from April 1st

Currently there is a shortfall of about £100 a month on my rent/council tax which is coming from my pension funds. It doesn't get any better when an adviser at my local CAB advises that I could face criminal charges due to deprivation of assets, and I should sell any assets of value as I must pay my council tax to avoid a prison sentance.

I kid you not!!

However, this could present a new set of problems as inability to pay any bill arising from my occupation could prejudice an extention of the tenancy, and the landlord has the right to deduct any unpaid bills from my deposit

Currently, the council are refusing to allow £1600 of motoring expenses, and with news of the proposed rise in fuel duty, maybe we should all write to our local council to ask how one can run a motor vehicle on £20 to £30 a week.

Is there any further avenue of complaint, my local councillor and MP have been suggested, sine my pension fund is only finite, and recent drawings have already triggered a review due to poor performance of the financial markets, and it is estimated that any further drawings within the next four years will cost me a further £2,400 in pension value.

I have asked for an explanation and details of the rules leading to their decision which has not been forthcoming. The CAB have reviewed my case, and the shortfall is based on what their program says I am entitiled to

I have exhausted their appeals procedure, and a claim for a discretionary award has been declined

CIS

It doesn't get any better when an adviser at my local CAB advises that I could face criminal charges due to deprivation of assets, and I should sell any assets of value as I must pay my council tax to avoid a prison sentance.

That wouldn't surprise me based on the calibre of some of the ones I deal with.

Committal to prison for council tax takes a long time to happen and even then only if a magistrate is satisfied you could have paid and didn't.

What assets are they claiming you are depriving yourself of ?

Currently, they refuse to pay anything for the first 10 weeks due to "delay in providing your accounts"-when they were not paying due to four other queries on my case. I believe this was done so that they could instantly cap my claim under rules for new claims as from April 1st

Did you provide the information asked for ?

Currently, the council are refusing to allow £1600 of motoring expenses, and with news of the proposed rise in fuel duty, maybe we should all write to our local council to ask how one can run a motor vehicle on £20 to £30 a week.

Not all business expenses are allowable (unfortunately I dont have a list handy) for HB/CTB purposes, even if they are allowable for tax purposes. These rules aren't made the by the council, they are made by DWP. The council administers HB/CTB on behalf of the DWP but using the rules set by them.

kennethw_2

Thanks for above.

Answers

1. Spending my pension money to pay rent and other associated costs of my accomodation. As I mentioned, I had to pay £4125 just to get the keys and move in

2. Yes. I had already paid 5 visits to my local council offices which involves a 12 mile round trip as they will only accept original documents, including extra bank statements for which I was charged as my bank only provide free statements within their own cycle. I had already informed the council that it can take up to 14 days for additional statements to be issued, invariably their demands would reach me on Friday, with a seven day deadline, therefore only giving me 5 days to contact my bank, receive the statements and forward them to the council offices

they issue unrealistic demands, take no notice of my notification that I cannot meet these demands, then penalise me for my failure to meet their demands

With the constant demands regarding bank statements and what I was spending my money on, and what various transfers represented, I once commented the next time I brought a pint of milk, I would need the original till receipt, plus statements made by two independent witnesses under oath regarding the transaction

In July, I arranged an interview to try and sort out all the details of my claim. This took no less than 2 hours.

A week later they wrote to me asking for - more information regarding issues not mentioned at the interview

3. surely these rules should be freely avaliable. The only rule I have come across to date is that depreciation of assets, while allowed by the IR are not allowed as expenses in connection with claiming HB

The nature of their questions would indicate they haven't a clue regarding the real world. I claimed £200 to service my car, that is excessive. And this figure includes the MOT so are HB claimants reduced to running vehicles without a valid MOT?

currently, I have requested a detailed breakdown of precisely what they will not allow in connection with my expenses claim - twice - I'm still waiting. someone once said your local council wouldn't give you the time if you asked, so the person to whom this was said tried and got this reply

"Why do you need to know?" and after consulting her superiors "I am not authorised to divulge that information"

CIS

3. surely these rules should be freely avaliable. The only rule I have come across to date is that depreciation of assets, while allowed by the IR are not allowed as expenses in connection with claiming HB

The HB/CTB manual is freely available on the DWP website, the only parts not so are sections pertaining to fraud which are withheld for obvious reasons.