benefits and tax

timeless

Hi.

back in 2009 my family and l were claiming benefits due to a problem with our employment, we managed to get into council housing.

at that time we were claiming all relevant benefits (housing, JSA and tax based ones), my parents were dual claiming and l was claiming for myself this was for approximately 2/3years until employment was found.

the problem is the council decided that because l was living with my parents that they were overpaid and had to pay back housing benefit for all the years they claimed as well as council tax arrears which amounts to over 4 grand!!!

according to the council l wasnt on the tenancy agreement, my name was printed in black and white and despite proof of this they still argue otherwise... even more annoying is at least twice l was with my parents when they signed the housing benefit claim forms but they still argue that l wasnt on them.

now my question is despite all being on benefits at that time and the jobcentre etc knowing l was we shouldnt be having to pay it back.. yesterday we had a visit from the bailiffs demanding £600 or they would take the car today tho according to the office they werent given permission to do such a thing nor were they due to visit today.

the annoyance is that this little fiasco was started by bristow suddenly not showing payments on their online billing area and showing less than we actually paid.

jacques_chirac

Were you claiming housing benefits as well as your parents? If so, how much were you each claiming (in relation to the full rent)?

Has the local authority got a CCJ against you?

GwylimT

When you say you were claiming all benefits do you mean you were also claiming housing benefit?

How old are you?

timeless

the housing benefit claim was made by my parents when they were with the housing association originally there was a few week break the second time l was present when the forms were filled in.. however the claim was made with full knowledge of myself living with them, they should have had full knowledge we were all on benefits at the time.

Housing_Benefit_Officer

They have taken a non dependant deduction for you being in the property.

If you are able to provide evidence of your income for the period you resided in the property then they have to use the offsetting rules to ensure the correct deduction.

Did your parents notify the council when you started work? Did they ensure you were declared on their claim form as a non dep and provide proof of your income?

Caz3121

you need to look at the information on non-dependent deductions
Even if you were not working and your only income was JSA, the housing benefit received by your parents would have been reduced and the shortfall would have been expected to be paid to them from your JSA.
If they did not have details in the system of your JSA and applied the applicable deduction, they may have used a higher figure. When you went into work there would have been a higher deduction as the amount is based on your income

timeless

actually it was them who found work.. and with regards to the issue of paying it back..

they decided because l was here that we had to pay a majority of the rent back.

then again my mother started work first.. my father continued to sign on for a further six months until he found employment however that "further six months" he received nothing despite my mother working under 16hours and making less than the cap. turns out it took them six months to tell him all benefits had stopped which meant we were in arrears for six months!!

as for being declared on forms l was, it was no secret l was with them.. l even asked if l had to claim any housing benefit but was told being on benefits and on the tenancy agreement it wouldnt be an issue.. that is until the council conveniently looses the proof l was declared on the forms on ever claim made then tell us l wasnt on the tenancy agreement even when the proof its in front of them.

Housing_Benefit_Officer

Confused - you are either a joint tenant or a non dep.

timeless

the tenancy is in my mothers name l was listed on the tenancy agreement.. the council argues otherwise despite my name being printed along with theirs.

the messed up part is l was told l didnt have to claim any housing benefit at the time because l was claiming but since the council likes to lie about me being noted on their forms it leaves my parents with a sizeable debt.

Housing_Benefit_Officer

So you were a non dep. Irrespective of you being on the form or not when they received their benefit notifications did it list you and if it didn't did they inform the council?

timeless

all the forms list me.. l was there when they were filled out the second time (as there was a 2 week temp employment hence why we had to sign back on housing benefit). all forms listed me however when asking for copies they tell us they lost them which l find hard to believe considering they scanned them while we were there.