Just received 'Housing Benefit changes' letter, not sure of the implications.

Robbie64

whitelabel wrote: »

Ive been asked by a friend to look at their letter and clarify the situation for them as the benefits agency obv closed till wed now,

They are 31, single on ESA income based work group due to genuine health reasons and get approx 104 per week and already have to pay a difference of just under £50 a month for a 1 bed flat and not able/wanting to live with other people due to part of medical reasons (they are rarely leave the property or interact with other people as it is)

They dont seem to meet any criteria be excluded from this so is it right they face essentially homelessness as their rate will be cut to £55 a week ?


If so when will this happen

the wording on the letter is :


Now even im slightly confused by that, how could they have carried out a review when its not even August yet ?
They started claiming in November 2010, so the first annual review would have been then Nov 2011, and nine months from that is august 2012 so do they mean the protection ends in aug 2012 and have just ballsed up the letter or am I getting the wrong end of the stick and missing something ?

They are due to start radiotherapy around august so its really not a great time to have the upheaval of finding somewhere else to live and move, despite the help that I can offer them

thanks

Apologies for quoting all of your post but it helps to highlight the changes which are due to occur.

For someone who first claimed LHA / HB prior to April 2011 the restrictions apply from 9 months after the anniversary of their claim

For someone who claimed from April to December 2011 it is on the anniversary of the original claim

For someone who claimed from 1 January 2012 the restriction applies immediately

It appears the wording on the letter is very misleading and from the way I read it the restriction should apply from 2 August 2012.

There is a chance he or she could qualify for a Discretionary Housing Payment (DHP) which can help make up a shortfall in LHA: a DHP are usually only made in exceptional circumstances but given that he or she is due to start to receive radiotherapy treatment around that time I would suggest that a claim for a DHP is made.

Sandwich

What do they expect people to do who have a bad credit score and, as a result, can't find anyone in the private rented sector willing to take them on?

I'll have a poor credit score and even though I've never missed a rent payment or anything like that I won't be able to find anyone willing to rent me a room in the private sector. What am I supposed to do?

Would the council exempt me from the cut if I explain this to them?

Also, as far as when the changes kick in goes, surely it can't be as soon as that. My letter says:

"The nine months start from 29 July 2012 when we carried out your first Housing Benefit yearly assessment."

The letter I received this morning was the first I'd heard of these cuts. Surely they can't say, we're cutting your benefits in half in less than 2 months time so move into a house share and if you can't do that, have fun sleeping rough (hopefully the weather picks up). Surely not!

My reading of the letter was basically that if you've been on HB for a while you get 9 months beginning from the next anniversary of when you first started receiving HB. Or have I misunderstood?

whitelabel

Robbie64 wrote: »

Apologies for quoting all of your post but it helps to highlight the changes which are due to occur.

For someone who first claimed LHA / HB prior to April 2011 the restrictions apply from 9 months after the anniversary of their claim

For someone who claimed from April to December 2011 it is on the anniversary of the original claim

For someone who claimed from 1 January 2012 the restriction applies immediately

It appears the wording on the letter is very misleading and from the way I read it the restriction should apply from 2 August 2012.

There is a chance he or she could qualify for a Discretionary Housing Payment (DHP) which can help make up a shortfall in LHA: a DHP are usually only made in exceptional circumstances but given that he or she is due to start to receive radiotherapy treatment around that time I would suggest that a claim for a DHP is made.

thanks i agree it is misleading hence my need to query, how they
expect vulnerable people with no support to understand i have no idea...

how long is DHP usually awarded for ?

any chance can argue they have stated in writing that 9 months start from august so they should abide by it ?

id hate to be working in a benefit office call centre come wed, they are going to be inundated with calls if everyones letters have gone out designed to land today

Sandwich

whitelabel wrote: »

thanks i agree it is misleading hence my need to query, how they
expect vulnerable people with no support to understand i have no idea...

how long is DHP usually awarded for ?

any chance can argue they have stated in writing that 9 months start from august so they should abide by it ?

id hate to be working in a benefit office call centre come wed, they are going to be inundated with calls if everyones letters have gone out designed to land today

I don't think they understand or even care.

I also highly doubt that they would make any allowances even though the letters clearly state 9 months.

Also, DHP is, by all accounts a fairly small scheme and highly prioritised, meaning that unless you meet certain criteria, you won't even be eligible.

This just isn't right. There will be so much misery and suffering because of these changes. It's like they think everyone on HB is a shirker or a scrounger. I've applied for countless jobs and I've taken every bit of part time, casual or temporary work I've been able to get, but there just isn't much out there at the moment.

Robbie64

whitelabel wrote: »

thanks i agree it is misleading hence my need to query, how they
expect vulnerable people with no support to understand i have no idea...

how long is DHP usually awarded for ?

any chance can argue they have stated in writing that 9 months start from august so they should abide by it ?

id hate to be working in a benefit office call centre come wed, they are going to be inundated with calls if everyones letters have gone out designed to land today

I've checked at a number of local authority websites and they all say the same: 9 months after the first anniversary. Given that Sandwich has had a similarly worded letter it sounds like it is a nationally agreed letter (unless both have been sent by the same council). But yes, it is a very misleadingly worded letter.

Also, why does just about every council somehow manage to have a letter such as these arrive on a Saturday? It's the one day you can't contact them. It's surely not just a co-incidence.

A DHP can be awarded as long as the council wish to pay it. They are often made for a fixed period after which the person has to reapply.

Sandwich

But Robbie, surely that can't be. Here's why. I applied for HB prior to April 2011, in July 2010 I believe. If the new rules mean that the HB cut comes into effect 9 months after the anniversary of my original application, then they would already have come into effect. Nine months on from July 2011 is April 2012, and my HB payments haven't been cut yet. I know this because I got my monthly BACS remittance slip through the door this morning also.

Another thing is that this is the first notification I've had of this, so if they're saying in the letter that you get nine months to make alternative arrangements, then why would they only send the letter a couple of months before the cuts take effect?

Surely these letters are to tell people currently on HB to make alternative arrangements so that when the cuts hit in 9 months time, they are okay?

Robbie64

There's a DWP Factsheet which explains all the changes which again states it is "first anniversary plus 9 months" for people who claimed LHA prior to April 2011:

http://www.dwp.gov.uk/docs/sar1.pdf

MissMoneypenny

Robbie64 wrote: »

There's a DWP Factsheet which explains all the changes which again states it is "first anniversary plus 9 months" for people who claimed LHA prior to April 2011:

http://www.dwp.gov.uk/docs/sar1.pdf

The nine months start from when your local authority carries out your first Housing Benefit yearly assessment after 1 April 2011. For example, if your yearly review was June 2011 the change to the shared accommodation rate will not affect you until March 2012 (nine months later).

If you make a new claim for Housing benefit before 1 January 2012, the change will affect you from your next yearly review. This will also happen if your Housing Benefit is not worked out using the Local Housing Allowance arrangements because you have been claiming Housing Benefit from before April 2008.

If you live in a privately rented home and make a new claim for Housing Benefit from 1 January 2012, the change will affect you straight away.
http://www.dwp.gov.uk/docs/sar1.pdf

Robbie64

Sandwich wrote: »

But Robbie, surely that can't be. Here's why. I applied for HB prior to April 2011, in July 2010 I believe. If the new rules mean that the HB cut comes into effect 9 months after the anniversary of my original application, then they would already have come into effect. Nine months on from July 2011 is April 2012, and my HB payments haven't been cut yet.

Another thing is that this is the first notification I've had of this, so if they're saying in the letter that you get nine months to make alternative arrangements, then why would they only send the letter a couple of months before the cuts take effect?

Surely these letters are to tell people currently on HB to make alternative arrangements so that when the cuts hit in 9 months time, they are okay?

I agree with you: the wording of the letter contradicts what the DWP apparently intended to happen, based on the above factsheet and what has been published at the various council websites.

Has your circumstances changed over the past year that could have pushed the date of your review back by what seems to be another 3 months?

dseventy

Sandwich wrote: »

What do they expect people to do who have a bad credit score and, as a result, can't find anyone in the private rented sector willing to take them on?

Find a cheaper house/flat share.

Sandwich wrote: »

I'll have a poor credit score and even though I've never missed a rent payment or anything like that I won't be able to find anyone willing to rent me a room in the private sector. What am I supposed to do??

Have you tried? As already stated whilst renting a whole property is hard for HB claiming, renting a room is a lot easier. You seem to be closing doors you have not even tried to open.

Sandwich wrote: »

Would the council exempt me from the cut if I explain this to them?

No and its not the councils decision anyway, its goverment policy.

The problem you have is that you can't pay your own rent and reply on other people to do it for you (in this case the state).

Whilst you rely on others to pay your rent, you have to abide by their rules. Its subject to criteria and policy change, plus the governments direction of travel in regard to benefits.

If you could pay your own way, you could choose where to live and how to pay.

Whilst you rely on others to pay your rent, you have to abide by their rules and issues. Thats just how it is for you.

D70