Help with housing benefit

puppy999

Housing_Benefit_Officer wrote: »

What reasons have they given for not thinking you are not there? It can't just be a single telephone call?

It would apear that is the case as they keep on insisting for more and more evedence

I surgested a home visit but the council claimed they did not have the staff

puppy999

Housing_Benefit_Officer wrote: »

On another of your posts you have stated your landlord has refused to give you a new tenancy agreement since last October - could this be why your HB has stopped?

The council have never raised this as a issue as the agreement
continues for a minimum of 12 months

Pollycat

puppy999 wrote: »

My proof that I live here is
Statement from my post man, statement from the police (who have visted at least 2 to 3 times a week reguarding a neigbour
dispute)
Bank statements, Hospital appiontments, Doctors letters, telephone bill,friends who have visted and stayed over and a email from housing benefit stating I live here and I am receiving council tax demands.
Dispite all the corrensponce the council still maintain that they need more proof.

It sounds very strange that - despite all the documentary evidence that the OP says she's provided - the council are still insisting on more proof based on a single telephone call to the contrary.

Housing_Benefit_Officer

Do you know the date of the telephone call and do you have a telephone bill that covers that date?

Are there any records of a telephone call to the Council on that date?

The Council should be able to see the numbers of incoming calls on that date - The Councils IT Department should see who telephoned that particular officer on that date and see if the call came from your number.

Something doesn't add up here - are they investigating you for Fraud?

pmlindyloo

I am not sure that the tenancy agreement makes any difference here. Even if it wasn't renewed the tenancy will continue on a periodic tenancy and the original terms and conditions will apply.

If the council are saying that the only reason your HB has stopped is because they believe that you are not living there (despite all the proof that you have supplied) then the only thing you can do is get someone else involved.

I would suggest a visit to CAB so someone can speak to the council on your behalf and find out what is happening/what is needed or a visit to your local councillor/MP who would do the same.

This sounds very strange. What caused the overpayment?

Is anyone else living with you? Have you any connection with another address? Did you move out for a period of time and live somewhere else?

Poppie68

How do you manage to pay your rent? Has your landlord not started eviction action yet? Is council tax benefit in payment, if not how are you also paying this?

EIT: sorry op just remembered yourbrother pays the rent.

fluffymovie

I presume that when your HB stopped, and you received the letter notifying you of this, that you appealed the decision?

If you appeal, they would stop recovery of the overpayment. If you have, they should not be taking deductions from your ESA now so could you explain what action you have taken in regards to asking for a formal appeal or reconsideration? I would suggest a phone call to the Manager of the section regarding this at least.

I would say that it strikes me as very unlikely that the only reason for the claim to be cancelled is a single phone call they say you made? This forum is to assist and so if there is anything else that you can tell us which would help us to help you, please do.

You state you have appealed? Can I ask, when did you do this and did you ask for them to look again at their decision, or request a formal hearing? If they have prepared the appeal, you should have had a copy - when did you appeal?

puppy999

I am this ladies brother and I am trying to get her hb sorted as she is unwell and absent minded due to all her medication after waiting another hour and a half I got areal person then I inquired about the phone call after waiting another fifteen mins he traced it it was dated 15th November on asking what was recorded he said yes it says I dont live at this address so why was her hb stopped in September and why are you demanding back payments He could not answer I then asked for a supervisor guess what none available I then asked about my sisters appeal don't know it has gone to an appeal officer can I see him no he does not do face to face appointments he then said I need to prove more evidence she lives there .landlord taken her to court what can I do

Pollycat

puppy999 wrote: »

I am this ladies brother and I am trying to get her hb sorted as she is unwell and absent minded due to all her medication after waiting another hour and a half I got areal person then I inquired about the phone call after waiting another fifteen mins he traced it it was dated 15th November on asking what was recorded he said yes it says I dont live at this address so why was her hb stopped in September and why are you demanding back payments He could not answer I then asked for a supervisor guess what none available I then asked about my sisters appeal don't know it has gone to an appeal officer can I see him no he does not do face to face appointments he then said I need to prove more evidence she lives there .landlord taken her to court what can I do

OK, you've said your sister has provided the following to the Council:

Statement from my post man
statement from the police (who have visted at least 2 to 3 times a week reguarding a neighbour dispute)
Bank statements
Hospital appiontments
Doctors letters
telephone bill
friends who have visted and stayed over
a email from housing benefit stating I live here and I am receiving council tax demands.

If none of the above is adequate proof, have you asked what proof the Council will accept?

A number of posters (including me) have said this sounds very strange.

Have you asked the Council why they are sending council tax demands to your sister at the address they won't accept she lives at?

bloolagoon

A copy of the court summons must give strong evidence