Council Tax Benefit problems

underclasspeasantscum

Well, here's my situation.

My dad, sister, and I all lived at my dad's property up until Oct 2012, at which date my dad left for a new address, allowing me and my sister to live at our current address rent-free, providing we cover the bills (which are still in his name.) Still with me?

Now, I was on JSA and my sister has no income, which our council knew about and accepted. So, we waited until the council decided to contact us to let us know if we had to do anything--their response was to send two Council Tax Benefit forms around two months later . . . and since the council was shut over Christmas, I couldn't actually make an appointment for a Council Tax Benefit claim till the beginning of February.

So, I went in and made my claim (and was insulted and called a liar in the process.) All well and good.

The council responded a few weeks later telling me that, since I live with my sister, she too would have to make a claim for Council Tax Benefit, and that they would not backdate our claim any earlier than January. Oh yes, and they also decided that my sister doesn't have enough ID or proof of income to claim Council Tax benefit anyway.

So, I am currently in arrears of around £500, which I was expected to pay out of my JSA, which I was also supporting my sister with. I was taken to court over the matter but was hoodwinked by a Council Officer into a signing a piece of paper rather than be given the option of disputing the arrears with the magistrates.

Now, I have since found work and accept that I must pay full Council Tax from this point onwards. But supposing that I do pay all my arrears off (which I feel I don't owe), what happens when my work dries up (it's only temporary) and I end up back on JSA? The council will still be demanding almost full Council Tax and still insist that my sister can't claim Council Tax benefit.

I know this all must sound a bit confusing, but I would really appreciate any advice over the matter. As it is, I am utterly disgusted and appalled with the way the council has treated me over this--they have essentially called me a scrounger, liar, and claimed to have never received letters I sent to them, whilst their employees have been either been rude and\or incompetent. I am considering contacting my MP over the issue and perhaps give our council some (more) bad publicity in our local papers.

Thank you in advance!

jacques_chirac

The burden is on you to claim what you are entitled to. You could have completed the forms (one for each of you) and posted them/ handed them in, along with the required evidence. You did not need to wait for an appt for your claim to be accepted.

Is your sister not in receipt of any benefits, and if not, what does she live off? Does she have no ID at all?

belowtheline2013

Wow. I work for Council Tax. We're not all that bad!

So, did you get awarded Council Tax Benefit (now called Reduction)?

Why could your sister not provide the ID docs they asked for?

Unfortunately they won't backdate your CTR - you have to show "good reason" which usually means serious illness, mental health, bereavement, being given incorrect information from Council.

Why did you not chase up the Council when the forms didn't arrive or apply online? Couldn't you go in and collect one?

I'm in Scotland so the recovery process is quite different to England but they will most definately accept a repayment plan. You will be given umpteen chances from the Council and then the recovery agency (a Sheriff Officer in Scotland) to set up a repayment plan and stick to it.

jacques_chirac

You asked the same questions (and received the correct answers) on this thread in March. Is there something else you need to know?

Caz3121

jacques_chirac wrote: »

You asked the same questions (and received the correct answers) on this thread in March. Is there something else you need to know?

yes it was an almost identical post except last time they lived with their mother who then moved out and now it is the father...bit strange

Housing_Benefit_Officer

underclasspeasantscum wrote: »

. . . and since the council was shut over Christmas, I couldn't actually make an appointment for a Council Tax Benefit claim till the beginning of February.

So what prevented you from sticking the claim form in an envelope and post it back? Why did you wait for 2 months to hand in your claim form?

Housing_Benefit_Officer

Caz3121 wrote: »

yes it was an almost identical post except last time they lived with their mother who then moved out and now it is the father...bit strange

And make the same mistakes both times!

underclasspeasantscum

jacques chirac,

I've never claimed Council Tax Benefit before so was unaware of the procedure--bear in mind that our council had not addressed a single letter to us in the two months after our Dad had moved out, so as far as we were concerned, they were still sorting out the new details.

I support her financially, however relatives did help with food when I was only on JSA. For reasons I don't want to go into, she does not claim any benefits.

belowtheline2013,

I was awarded a reduction from January, but that only covered my half of the council tax, which is a joint claim. So, the council paid around £6 a week of our bill, which is approximately £1000 a year. They expected me to pay the rest with my JSA, which I simply could not afford and so did not pay.

The only ID she has is an NHS medical card and a birth certificate--she cannot prove her income (or lack thereof) as she doesn't have a bank account and, of course, not enough ID to open one.

I'm willing to pay the arrears off and my current Council Tax bill so long as I'm in work. The issue is that my job will probably only last till around Christmas, then I'll be back on JSA again . . . whereupon the Council will refuse to pay my sister's half of the Council Tax due to lack of ID!

Caz3121,

Since this forum is frequented by Council employees, surely you can understand why I've been a bit creative with the specifics?

Housing Benefit Officer,

Because our council only processes benefit claims via face-to-face appointment! Oh, and even though the receptionist told me I had to book an appointment in advance, she was mistaken . . . apparently, I could've just turned up any time I liked a booked myself in. But I suppose it's somehow my fault that I was fed false information.

Thanks for the replies by the way.

pmlindyloo

You need to realise and address the real problem here.

When you claim means tested benefits you are claiming public money. Those who are involved in giving the money to those in need have a responsibility to check that those receiving it are not fraudulently claiming it.

Therefore they need evidence that you do not have stacks of money stashed away!

Your claim for JSA undoubtedly checked these things and found yours was a proper claim and therefore you were entitled to council tax reduction.

Your sister's claim was checked and she could show no proof that she had no income and was not on a qualifying benefit.

It is this problem that you need to address.

From reading your other post about this you say your sister was refused ESA and will not claim JSA - presumably because she feels she is unable to work.

So................. your sister needs to get some help from the doctor for her problems and he/she issue a fit note, then she claims ESA. She can then get some help from CAB or similar to help her complete the forms.

Or she applies for JSA.

You appear determined not to address this problem. I do not know why.

If you will not consider these two options then your sister could try to open a bank account - ring and ask what other identification they would accept.

Otherwise you have no alternative but to move back in with one of your parents and let them support your sister. If you are likely to be on JSA again soon then the same problem will arise again.

swingaloo

So how old is your sister?

Is she old enough to work and if so why is she not claiming JSA if she is looking for work. I don't buy the not enough ID thing- was she born in this country?

If she is not old enough to work then who is claiming the child benefit? Why is she not the responsibility of your parents for support?

Im sorry but the 'offices being closed over Xmas' doesn't explain why it was Feb before you tried to sort out your claim.

jacques_chirac

underclasspeasantscum wrote: »

jacques chirac,

I've never claimed Council Tax Benefit before so was unaware of the procedure--bear in mind that our council had not addressed a single letter to us in the two months after our Dad had moved out, so as far as we were concerned, they were still sorting out the new details.

I support her financially, however relatives did help with food when I was only on JSA. For reasons I don't want to go into, she does not claim any benefits.

Everyone is new to benefits at some point, unless medically incapable there is an expectation that you will take the initiative and find out what you are entitled to, not wait for someone to contact them. As advised on the other thread - ignorance of entitlement is not a valid reason for backdating.

I'd be inclined to try tough love with your sister - she either gets to the doctors and gets help, or she finds herself a source of income. She has no motivation to get better whilst she is being supported by others