[Help] Council Tax + Housing Benefit

Jordxn

Hello,

My Mum has received Council Tax/Housing Benefit for years now, but up until recently they are asking for almost £4,000 from her, bearing in mind that she is on income support/job seekers allowance and simply doesn't get anything more than £5000 a year to pay for such an amount, so I don't know how they expect her to live.

Tendering District Council have said that because she hasn't updated them with the status of my (Jordan's) employment, or told them that I had left the property, they are asking for £2,800 in overpaid housing benefit and £500 for council tax, even though I left the property and rented a room from my friend nearer to my workplace. Are they even allowed to do this? I left the property as soon as I got my job. I don't see why my Mum should be punished just because she forgot to update them. They would of had to of paid this amount to her anyway as she simply cannot afford to pay for the rent/council tax. It makes no difference.

Also, with regards to Council Tax, they are requesting £1150 for the year, even though my Mum is on income support/job seekers allowance. How do they expect her to live if they want her to pay £100 a month for council tax? Her council tax is BAND B and there are 3 bedrooms in the property, 2 of them are occupied. 1 of them by my Mum and the other by my sister (who is a full time student studying at university), so surely she should be receiving a discount? or benefit?

Please can anyone with experience shed some light on the situation, my Mum doesn't understand any of this and the council are really failing her as a person. It's winding me up knowing that they are expecting my Mum to pay such an amount.

Thank you to anyone that can help, it's really appreciated!

Housing_Benefit_Officer

Is she in private rented property or housing association/local authority?

Jordxn

Housing_Benefit_Officer wrote: »

Is she in private rented property or housing association/local authority?

Hello, thanks for your reply, it's local authority, not private.

Housing_Benefit_Officer

Jordxn wrote: »

Hello, thanks for your reply, it's local authority, not private.

Has the overpayment been caused by an increase in your wages?

If you left the household then there would no longer be a non dependant deduction and her benefit would increase.

What period does the overpayment cover? Is it for a period you were resident? Did you have to provide wage slips or P60s?

jacques_chirac

Housing_Benefit_Officer wrote: »

Has the overpayment been caused by an increase in your wages?

If you left the household then there would no longer be a non dependant deduction and her benefit would increase.

What period does the overpayment cover? Is it for a period you were resident? Did you have to provide wage slips or P60s?

Not necessarily, as she would then become liable for the under occupancy charge.

Jordxn

Housing_Benefit_Officer wrote: »

Has the overpayment been caused by an increase in your wages?

If you left the household then there would no longer be a non dependant deduction and her benefit would increase.

What period does the overpayment cover? Is it for a period you were resident? Did you have to provide wage slips or P60s?

Thank you for replying.

They are saying that my Mum has received an overpayment (as she claims the housing benefit) of £2,800 for rent from October 2011 right up to July 2013, purely because she forgot to notify them that I started employment and left the property.

I told them that I was earning £809 per month within this time, but I moved out of the property when I started employment, so I don't need to provide them with proof of my income. I rented a room from my friend and the council want proof? I only paid my friend £50 per week to rent a room, it wasn't anything official as he owns his property. What can I do, get my friend to write a letter to confirm this?

It's my sister and my Mother still at the property, my sister is 19 and she is a full time student.

Surely they can't increase the amount to a point where she can't afford it? That just doesn't make sense, she will be forever in debt.

I don't know what to say or do to try and lower the amount, but I know for sure that it's unfair and wrong for them to be charging her this amount of money, just because she forgot to notify them of the change.

princessdon

She can't be on income support and job seekers. It's one or the other.

Also many LA now charge council tax to those on benefits, so even if its a smaller amount there could be some payable, plus a bedroom tax as you are not there.

jacques_chirac

Do you have a tenancy agreement/ proof of paying rent elsewhere?

How/ when did they become aware that you had moved?

Housing_Benefit_Officer

jacques_chirac wrote: »

Not necessarily, as she would then become liable for the under occupancy charge.

Only from 1st April 2013. Non dep deductions are usually higher than the 14% Bedroom Tax deduction.

Hence my questions regarding the period of time the overpayment covers.

Housing_Benefit_Officer

Jordxn wrote: »

Thank you for replying.

They are saying that my Mum has received an overpayment (as she claims the housing benefit) of £2,800 for rent from October 2011 right up to July 2013, purely because she forgot to notify them that I started employment and left the property.

I told them that I was earning £809 per month within this time, but I moved out of the property when I started employment, so I don't need to provide them with proof of my income. I rented a room from my friend and the council want proof? I only paid my friend £50 per week to rent a room, it wasn't anything official as he owns his property. What can I do, get my friend to write a letter to confirm this?

It's my sister and my Mother still at the property, my sister is 19 and she is a full time student.

Surely they can't increase the amount to a point where she can't afford it? That just doesn't make sense, she will be forever in debt.

I don't know what to say or do to try and lower the amount, but I know for sure that it's unfair and wrong for them to be charging her this amount of money, just because she forgot to notify them of the change.

Here is what I think has happened.

1) They carried out a periodic check on your details and discovered you were no longer receiving JSA/ESA etc.

2) They asked what you financial circumstances were - you were working - they have taken the appropriate non dependant deduction for someone who earns £890 per month - hence overpayment.

3) You claim to have vacated and be living with a friend. But you have failed to provide any proof of this. They don't believe you have vacated.

4) To prove you are living elsewhere and paying rent you will of course be able to provide bank statements back to the date you claimed to have vacated showing you have been paying rent to your friend. If your friend was claiming a 25% Council Tax discount for living on his own he of course would have notified his local authority you were living there and he will be able to supply his Council Tax bills showing the removal of his 25% discount. Of course when you moved you notified your bank, your GP and Dentist, your employer. You of course are no longer registered to vote at your Mothers address are you. If you have a driving licence you of course notified the DVLA of your change of address. For Tax purposes your friend has declared his rental income to HMRC and will be able to provide the Local Authority with his Tax Returns showing he has declared his rental income.

Jordxn

princessdon wrote: »

She can't be on income support and job seekers. It's one or the other.

Also many LA now charge council tax to those on benefits, so even if its a smaller amount there could be some payable, plus a bedroom tax as you are not there.

Thank you for replying, she's receiving job seekers allowance, not income support - sorry!

Yes, I understand and appreciate that she should pay some council tax/rent, but charging her £100 a month for council tax and £80 a week for rent does not make sense. It's clearly wrong, but they don't seem to think so.