Housing Benefit - Sheffield Benefits Service - Been waiting since 6th Feb 2012

SleepyOwl_3

Hi everyone

This is my first post here so please be gentle with me.

I put in a new claim for housing benefit on the 5th Feb 2012. I am a single person renting a 2 bedroom flat from a private landlord. I've been on JSA looking for work since 5th Feb 2012 (Only the second time I've been out of work since I was 16, I'm 29 now)

Basically, I received a letter on 21st March 2012 telling me to send in a copy of my tenancy agreement by 21st April, this was sorted and handed in on the 19th April, due to my landlord being hard to get hold of. But it was still on time.

I have had no contact from them ever since, although after waiting 3 weeks, I called them to ask how my claim was going to be told it's still processing and to call back next week.

I called back the following week to be told, that actually, my claim hasn't been delt with at all. It's in fact been sat there and not been dealt with, and she was going to put it through.

It's now the 6th June 2012, 4 months after I claimed, and 2 months after I handed all my documents in, I have rent arrears of £1600 and will be evicted at the end of this month If I don't pay up, leaving me homeless.

Understandably I've been getting very stressed these last few days, and felt I have been treated unfairly. None of it made sense to me so I started to look online for answers.

I have recently read about interim payments, aka payment on accounts on another forum,

consumeractiongroup(dot)co(dot)uk/forum/showthread.php?192850-interim-payment-from-housing-benefit


and on

england(dot)shelter(dot)org(dot)uk/get_advice/debt_and_arrears/rent_arrears/arrears_due_to_housing_benefit


Which led me to read the Housing benefit guidence manual @

dwp(dot)gov(dot)uk/local-authority-staff/housing-benefit/claims-processing/operational-manuals/housing-benefit-guidance/

Section A6 talks about interim payment for people in my situatio, and I quote:

Decisions
Time limits
6.20 When a Local Authority (LA) decides a claim they must
• decide the claim and notify the claimant of that decision within 14 days of receiving all the
necessary information, or as soon as reasonably practicable thereafter
HB Reg 89 & (SPC) 70; CTB Reg 75, 76 & (SPC) 61, 60
• give priority to claims from certain people starting work, see C5, Extended payments later
in this manual
HB Reg 89 & (SPC) 70
• notify third parties about decisions affecting them
• include in each notification specific information about the decision
HB Reg 89; CTB Reg 75
6.21 Authorities
• are not bound by the time limits if there are reasonable grounds for delay
• may stop action on a claim without making a decision if
CTB Reg 75 & (SPC) 60
- the claim is made in an unacceptable form and the claimant fails to resubmit their
application within four weeks of being asked to do so
HB Reg 89
- the claimant does not provide supporting information within four weeks of being asked
to do so
HB Reg 76 & (SPC) 70
- the claim is withdrawn, or
HB Reg 76
- the claim is made more than 13 weeks before the end of the current benefit award
CTB Reg 66



and:




First payment of HB
6.157 You must make the first payment of HB within 14 days of receiving the claim unless it is not
reasonably practicable, when payment should be made as soon as possible. If the claim has not
been decided within 14 days of receiving the claim, you must consider a payment on account,
see Payment on account below.
Reg 88
Payment on account
6.158 If you cannot decide a claim within 14 days of receiving the claim, you must consider making
a payment on account. It is not the claimant’s responsibility to ask for a payment on account
and you must not wait for them to ask.
6.159 A payment on account
• must be made if the claim cannot be decided and this is not because the claimant has failed
to provide, without good cause, evidence reasonably needed and requested
• must not be made if
- you do not consider that a payment on account is appropriate because the claim will
probably be decided and paid within the 14 days. If the claim is not decided within 14
days you must reconsider your decision immediately, or
- it is clear from the information already available there will be no entitlement to benefit,
or
- you cannot decided the claim within 14 days because the claimant has failed, without
good cause, to provide evidence or information which you reasonably need and have
requested







Ok so I called the Sheffield Benefit s Service today and spoke to the advisor.

I asked how my claim was going and she said it's still processing. I explained my circumstances and asked for an interim payment (even though I shouldn't have to ask)

She said they don't do it anymore and I will just have to wait.

I told her I have the printout of the Housing benefit guidance manual in front of me and quoted the relevant sections, she said it doesn't make a difference any more because they don't do interim payments, and haven't done for 3 years.


So I then asked to speak to her manager, and she said the manager was not available. So I asked when and she wouldn't say.

I then asked for her name as I would be coming down to make an appointment with her manager, and she hung up the phone on me.


I have been very reasonable and kept calm and polite throughout.



I just want this sorting ASAP, I am literally losing sleep over this.


Can anyone offer any advice on whether they are breaking the law?

And is anyone else in a similar situation?



Sorry for the long post, thanks for reading.

mynameistallulah

This needs moving to the benefits board ...

OP, interim payments are still available. Call back and speak to the manager, if still no joy contact your MP and ask them to intervene on your behalf.

SleepyOwl_3

mynameistallulah wrote: »

This needs moving to the benefits board ...

OP, interim payments are still available. Call back and speak to the manager, if still no joy contact your MP and ask them to intervene on your behalf.

Sorry, I didn't realise it was the wrong section, could a Mod move please?

Thanks for the reply mate, I would have thought so too, with the guidance manual still being on DWP website.

RAS

Assuming you are in England or Wales

Firstly the LL cannot just evict you. He has to go to court to get a possession order under Section 8. That is discretionary so you might be able to hold repossession off is you can prove the problem is HB.

Can you get your LL to write you a letter advising you that they will start Section 8 proceedings unless the money is paid by the end of the month?

If so, photocopy and hand deliver to the housing benefit section.

SleepyOwl_3

RAS wrote: »

Assuming you are in England or Wales

Firstly the LL cannot just evict you. He has to go to court to get a possession order under Section 8. That is discretionary so you might be able to hold repossession off is you can prove the problem is HB.

Can you get your LL to write you a letter advising you that they will start Section 8 proceedings unless the money is paid by the end of the month?

If so, photocopy and hand deliver to the housing benefit section.

Good advice, I will do that cheers.

tbs624

Sleepy Owl - are you aware of the Sheffield Law Centre? See http://www.slc.org.uk/housing.htm

You need to get a formal letter written to the HB/LHA office with a timeline of what has been said/done so far. Phoning them isn't going to be enough.

Have you given signed consent for your claim to be discussed with the LL? ( You don't have to but it can help, especially if the LL thinks it is you at fault rather than the HB system)

tbs624

RAS wrote: »

Firstly the LL cannot just evict you. He has to go to court to get a possession order under Section 8. That is discretionary so you might be able to hold repossession off is you can prove the problem is HB.

RAS is right that a court order is required but a S8, G8 is one of the mandatories - S8, G10/11 are discretionaries.

Ground 8 Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

(a)if rent is payable weekly or fortnightly, at least [F9eight weeks’] rent is unpaid;
(b)if rent is payable monthly, at least [F10two months’] rent is unpaid;
(c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d)if rent is payable yearly, at least three months’ rent is more than three months in arrears;

and for the purpose of this ground “rent” means rent lawfully due from the tenant.

However, it may be possible to obtain a suspended or postponed possession order because of the HB circumstances

It is obviously in the OP's interest to be able to show that he has provided alll necessary info in a timely matter and has done what he can to follow up the delay.

SleepyOwl_3

tbs624 wrote: »

Sleepy Owl - are you aware of the Sheffield Law Centre? See

You need to get a formal letter written to the HB/LHA office with a timeline of what has been said/done so far. Phoning them isn't going to be enough.

Have you given signed consent for your claim to be discussed with the LL? ( You don't have to but it can help, especially if the LL thinks it is you at fault rather than the HB system)

Thanks for that link mate, I will give them a call tomorrow.

It_can_get_better

Are you relying on HB paying all of the rent? As a single person under 35 you'll only qualify for a shared room rate of Local housing allowance, so will have to make up the difference yourself. As an example, my area has a single room rate of £60 and a 2 bed rate of £104, if your rent is £104pw you would have to cover the extra £44.

SleepyOwl_3

It_can_get_better wrote: »

Are you relying on HB paying all of the rent? As a single person under 35 you'll only qualify for a shared room rate of Local housing allowance, so will have to make up the difference yourself. As an example, my area has a single room rate of £60 and a 2 bed rate of £104, if your rent is £104pw you would have to cover the extra £44.

I'm expecting £60 per week. I'm still not sure if I will be eligible for council tax though. I could just about get by without council tax.

Tinkerbell_Lily

Don't worry, I'm in Sheffield too & on the 8th Feb my other half walked out on me & the kids so I put in a claim that day and I only received it on Monday (4th June) i kept chasing them and "they'd lost stuff and things hadn't happened as they should" etc.. but we got there eventually! Have you been down to your local housing office?