underpayment

rogerblack

kerrann wrote: »

Then when my child went to nursery and with a job that i found through the jobcentre, everyone above was obviously notified of the job i obtained and therefore they stopped my housing benefit and c.tax benefit because of this new job, and i thought thats what happened when you start work, i did not know you can claim that while working, hence why i have been paying full rent and council tax for so long.

As I understand it, you have no hope of backdating more than a few months, there has been no official error.
If you had read the forms when initially applying for council tax benefit, you would have found that it is possible to get it when in work.

While it is in principle possible for the council to pull together all of your information supplied to different departments, and put in a claim for you, this is not required of them, and a failure of them to do so is not official error.

As I remember, the letter you get when you come off council tax benefit due to a reported change in earnings by the system informs you that you may still be eligible if you are on low income.
However, I can't find my copy.

lighting_up_the_chalice

Were you ever being chased for rent arrears?
Did the Council offer you help with this (Welfare Rights/CAB etc)?
Did you ever FULLY explain your circs to them when in arrears?

kerrann

lighting_up_the_chalice wrote: »

Were you ever being chased for rent arrears?
Did the Council offer you help with this (Welfare Rights/CAB etc)?
Did you ever FULLY explain your circs to them when in arrears?

yes arrears with rent and c.tax a good handful of times, as i have been struggling and had to then pay extra £10 ontop of rent for the arrears and sums for c.tax added because i got behind, and also c.tax were automatically taking chunks of money out my account aswell for the debt. honestly at points i was crying in the offices of staff, on the phone and i promise they did all know my circumstances and i got made to fill out forms numerous times as sometimes, not on purpose, break my agreements as i couldnt afford full rent and tax and money that i owed, and on these forms i had to write all my circumstances, including hours work, weekly pay, etc etc. they even took me to court once and i had sheriff officers at my door for 2 months ctax of £220 i owed, added charges, and then went to my employer for arrestment of my wages. keep being passed to stirling park, and i even told them everything aswell.
its not very nice breaking down to strangers about how hard it was for me to manage, i felt small, i felt no-one was helping, you have no idea, i was even part of my housing associations FISH -Welfare Rights on 3 seperate occasions aswell. xx

kerrann

rogerblack wrote: »

As I understand it, you have no hope of backdating more than a few months, there has been no official error.
If you had read the forms when initially applying for council tax benefit, you would have found that it is possible to get it when in work.

i never filed a form out for when i started work because i was already receiving benefits as was on income support, started working, 4 week run on and everything was updated and i did get a letter of change in circumstances, and on that form it said i was no longer entitled as started working xx

kerrann

rogerblack wrote: »

If you had read the forms when initially applying for council tax benefit, you would have found that it is possible to get it when in work.

do you not think that if i had knew this or even read such a thing, i would of done it? i wouldnt be on this forum? i filled one out going onto income support, i started working then i got a letter off them saying i did not qualify as started working, now this could mean maybe i had to re-apply again? but i seen no such thing as i would of done that, i would not do myself out of pocket! i have been working since 16 years old, always paid my way, and when my partner left, i was left with everything alone, if i knew for 1 second i could of had help i would of took it, trust me. if i just sat on my bum and stayed on income support i would of got a free ride, but no, i got straight back up and started working and still paid my way for my kids sake. you have got to understand the anger i am now going through finding out i could of had help when i didnt. xx

lighting_up_the_chalice

OK.
Firstly, you need to understand how councils work. The housing department have absolutely nothing to do with the Housing Benefit department (apart from a few verification protocols). So, it is not the responsibility of either department to communicate with the other and identify a tenant who is under-claiming.

However, if chasing for arrears, there is an argument that they should have given you sufficient advice to identify that possibility and rectify it. Certainly, I would have expected Welfare Rights to have done so.

Being realistic, this would fall under the banner of "best practice". In itself, it isn't a duty, rather a set of guidelines about how things should be done in an ideal world. It is still YOUR responsibility to identify what you can claim and YOUR responsibility to claim it.

Having said that, if the council were aware of your financial circs, they could have either advised you or signposted you to an organisation that could have identified any benefit entitlement you should have had.

As a public body, the council will have a complaints proceedure and that should be your first avenue of enquiry. Seek advice from a suitable agency (CAB, Shelter etc) and follow the proceedure as far as you can, from initial written submission to a manager, to the LA Ombudsman.

I wouldn't be too optimistic about seeing any money anytime soon, if ever, but that's your best bet.

princessdon

I understand your anger and wish a positive result. Lone Parents who work will always get my sympathy

but ...

You didn't apply - Bad Advice, bad better of in work etc I get that.

What I fear - is that unless they had an actual application that refused wrongly you are stuffed.

fight it and hopefully those who work in the field can assit but don't get your hopes up.


I'd like an update soon that you got what you deserve and send positive vibes your way, but you need to realise that it's not black and white.

Dunroamin

Have you ever discussed your situation with your lone parent adviser as she is the person who should have been able to advise you on all this.

missapril75

kerrann wrote: »

... and i thought thats what happened when you start work, i did not know you can claim that while working,

There's the crux of the matter. It was what you thought rather than being misinformed, I'm afraid.

If you ever got paid benefits by payment book at the post office, there was all sorts of information in the pages of the book. Leaflets and posters in the benefits offices have information about in work benefits. The DSS/DWP has run adverts in newspapers about it, on TV with inserts in benefit letters and many councils have run take-up campaigns for these things - leafleting, displays in libraries, shopping centres. The DSS went through a period where there were benefits buses, dropping in all over the country.

Short of going around knocking on the doors of every adult in the UK, including those not interested, there's really not much more that can be done about advising of entitlements.

kerrann wrote: »

excuse me for what i am going to say, but there is a lot of junkies in the town where i stay and drug addicts etc, they can seem to get everything going for them

They have a very good support network.

Please don't take this the wrong way but I would imagine that somewhere along the way you have passed notice boards in health centres, libraries, the council offices, tuned out of ads on the TV, turned the page in a newspaper without looking at the DSS ad, not followed something on the radio etc etc...

and in your eyes, why would you pay attention because you thought you couldn't get assistance when you started work?