Appealing the Bedroom Tax

Thomas_Hardy

pipkin71 wrote: »

I thought it was poorly written, hence asking where it originated and wondered if it was a letter the OP came up with.

Your letter makes more sense. How likely is it that councils will re-evaluate bedrooms following receipt of such a letter, do you think?

They'll check they followed (their own) procedure, that is all they need to do. I can't see them changing their decision purely based on someone saying they use the room as a dining/ computer room - neither are essentials. The only cases I can see being successful are where the LA has the wrong information as to the size of a room - but even then, it will have to be a very small room to be ignored.

Ultimately, as it is likely to be a policy issue as opposed to a procedural one, the case would need to go to judicial review. That's not something I would recommend a lay person attempts on their own

Dunroamin

pipkin71 wrote: »

Who is the original author of this letter?

It seems to be kicking around the internet quite frequently. Unsurprisingly, nobody seems to want to claim the credit for writing it.

pipkin71

Dunroamin wrote: »

It seems to be kicking around the internet quite frequently. Unsurprisingly, nobody seems to want to claim the credit for writing it.

The trouble with this is that many will send it off, thinking it will help. Thomas Hardy came up with a more suitable letter than the one in the OP.

I wonder if that will float round the internet now? You need to copyright, Thomas, double quick

pipkin71

mysterywoman10 wrote: »

Please find below a standard letter which ALL affected tenants can use if they wish to send to their LA.



Standard Letter

Dear Sirs,

I received your decision letter dated INSERT DATE and referenced above that imposed an under occupation charge, or bedroom tax of 14% / 25% (delete as appropriate) on my existing award of Housing Benefit.
I consider this unwarranted yet in order to challenge this in the correct way and potentially by way of formal appeal I require further information to be sent to me within 7 days of this letter and the urgency of that is to ensure I have enough time to formulate any such appeal and in full knowledge of the facts of my case within the time allowed; OR in the alternative I request the deadline for any such formal appeal be moved to 21 days after I receive the request information below:
1. A written copy of the Council’s policy and decision-making procedures in relation to referring a socially housed claimant decision to the Rent Officer Service.
2. A full explanation of how the council decided that (INSERT ADDRESS) was determined to be a 3 bed property for the under occupation charge and this to include what involvement if any of my landlord, (INSERT LANDLORD NAME) in this process.
Please state by way of covering letter with the requested information any changed deadline date from above with regard to a formal appeal.

Yours etc

mysterywoman10 wrote: »

* change bedroom figure as appropriate

Updated letter and I am not the author.

Dear Sirs,
I received your decision letter dated INSERT DATE and referenced above that imposed an under occupation charge, or bedroom tax of 14% / 25% (delete as appropriate) on my existing award of Housing Benefit.
I consider this unwarranted yet in order to challenge this in the correct way and potentially by way of formal appeal I require further information to be sent to me within 7 days of this letter and the urgency of that is to ensure I have enough time to formulate any such appeal and in full knowledge of the facts of my case within the time allowed; OR in the alternative I request the deadline for any such formal appeal be moved to 21 days after I receive the request information below:
1. A written copy of the Council’s policy and decision-making procedures in relation to referring a socially housed claimant decision to the Rent Officer Service.
2. A full explanation of how the council decided that (INSERT ADDRESS) was determined to be a 3 bed property for the under occupation charge and this to include what involvement if any of my landlord, (INSERT LANDLORD NAME) in this process.
Please state by way of covering letter with the requested information any changed deadline date from above with regard to a formal appeal.

Yours etc

You've included an updated letter in post #2 but, are they not exactly the same letter?

Thomas_Hardy

pipkin71 wrote: »

The trouble with this is that many will send it off, thinking it will help. Thomas Hardy came up with a more suitable letter than the one in the OP.

I wonder if that will float round the internet now? You need to copyright, Thomas, double quick

(c) Far From the Madding Crowd

The letter seems to have originated here. The article goes on to state:

The suggested wording is merely that, a suggestion, and not any form of legal advice or other formal advice from anyone involved.

So basically a case of "we'll tell you what to do but we'll accept no liability if it all goes tits up".

Dunroamin

mysterywoman10 wrote: »

* change bedroom figure as appropriate

Updated letter and I am not the author.

Dear Sirs,
I received your decision letter dated INSERT DATE and referenced above that imposed an under occupation charge, or bedroom tax of 14% / 25% (delete as appropriate) on my existing award of Housing Benefit.
I consider this unwarranted yet in order to challenge this in the correct way and potentially by way of formal appeal I require further information to be sent to me within 7 days of this letter and the urgency of that is to ensure I have enough time to formulate any such appeal and in full knowledge of the facts of my case within the time allowed; OR in the alternative I request the deadline for any such formal appeal be moved to 21 days after I receive the request information below:
1. A written copy of the Council’s policy and decision-making procedures in relation to referring a socially housed claimant decision to the Rent Officer Service.
2. A full explanation of how the council decided that (INSERT ADDRESS) was determined to be a 3 bed property for the under occupation charge and this to include what involvement if any of my landlord, (INSERT LANDLORD NAME) in this process.
Please state by way of covering letter with the requested information any changed deadline date from above with regard to a formal appeal.
Yours etc

Did you mean to post a letter that was different from the first one you posted?

pipkin71

Thomas_Hardy wrote: »

(c) Far From the Madding Crowd

The letter seems to have originated here. The article goes on to state:



So basically a case of "we'll tell you what to do but we'll accept no liability if it all goes tits up".

Seems this is a tactic:

It also described how this impacts on the workings of the HB system as it will bring the system to its knees and overload it so much that it will go into meltdown

Thomas_Hardy

pipkin71 wrote: »

Seems this is a tactic:

It also described how this impacts on the workings of the HB system as it will bring the system to its knees and overload it so much that it will go into meltdown

It could do the opposite - now the letter is in the public domain, the LAs have time to formulate a response, which will be the same for everyone :T

fluffymovie

As someone who works in HB, I am not sure what this letter will achieve.

In almost all LAs, we have already calculated the award from 01.04.2013 and will start to pay the reduced HB. Whilst we could write back and say "your tenancy says you are in a 3 bed house so therefore a 14% or 25% reduction applies as per ..... " I am not sure what else this achieves?

As regards the system itself, we are already low on staff as we have a skills drain with the imminent arrival of Universal Credit and replying to such letters will, in some LA's, prevent us actually assessing claims from people in the first place?

Have I missed something?

mysterywoman10

This is a Money Saving site correct?

Martin launched a national campaign to encourage everyone to claim money back from their banks correct?

It then did subsequently fail in court but it also helped many people get their money back from the banks.

The purpose of this site is to help people save money which ever way they can.

It is not about benefits policy and that's what it says under the rules of the forum.