Help with housing benefit

StormyWeather_2

Surely the council tax letters and bank statements will be sufficient proof?

As other posters have said, this doesn't sound right. You need to get some advice. Go to the CAB and see if they can contact HB on your behalf.

puppy999

FBaby wrote: »

What they are after is not explanations but evidence. All the info below only proves that someone is using that address, not living there. Friends could say anything. The only evidence would be the phone bill assuming it is under her name and NOT for a mobile phone.

It would appear some one has taken the same view as the council surely
The police The post man The dustbin men the ambulance a medical card
council tax bills bank statements and court orders/summons for my sisters eviction is evidence and not explanations
I disagree with the electric and gas bills used as evidence for occupancies as they could be fitted with timers or the property could
have been used for commercial use
These are issues I am going to raise with the council If any one has any constructive comments that may help please do so if not please don't

puppy999

[QUOTE=Pollycat
But you are clearly getting nowhere with this.
Have you spoken to CAB at all?
What did they say?

Been to see CAB and they said that I need to see my local MP (which I have made an appointment which is towards the end of sept) or seek legal advice.:A

puppy999

I made an appeal on the 22/08/2013
the council now inform me on the 16/09/2013
the appeal has to be in my sisters name and
not myself.
Even though on the 23rd June they received a
letter of authorization from my sister stating
I could act on her behalf which they accepted
What as changed I ask ?????????? ........

Housing_Benefit_Officer

puppy999 wrote: »

I made an appeal on the 22/08/2013
the council now inform me on the 16/09/2013
the appeal has to be in my sisters name and
not myself.
Even though on the 23rd June they received a
letter of authorization from my sister stating
I could not act on her behalf which they accepted
What as changed I ask ?????????? ........

http://www.dwp.gov.uk/docs/hbgm-c7-appeals.pdf

puppy999

Housing_Benefit_Officer wrote: »

http://www.dwp.gov.uk/docs/hbgm-c7-appeals.pdf

information received very helpful at last thank you.
The council claim they cannot except my sisters appeal stating I am a non-dependent and there for cannot submit the appeal on her behalf even though the letter of appeal was accompanied with the appeal form from the council signed by my sister giving me authorisation also signed by myself they are also in receipt of a letter of authorisation for me to act on her behalf dated 22\6\2013 which they appear to keep misplacing
C7 appeals 7.70 state's signed by the applicant "yes" name and address of applicant "yes" signed by the representative "yes" name and address of representative "yes" submitted on council appeal form "yes" so could someone please enlighten me what am I doing wrong ???

puppy999

Re housing benefit appeal
The council have now informed me I have to appeal against their decision not to except my previous appeal they decided I cannot act on my sisters behalf as I am a non-dependent which will take another three weeks
I have been dealing with this case for approx fifteen weeks and I am now running out of patience as the council state even when they except my appeal it could take up to six months for the case to get to a tribunal
Would it be possible for me to take the council to a tribunal ? could I make a claim against the council for my cost and time
My sister is now facing eviction and could end up homeless.

danandjens_worldtravels

1. Your sister is appealing a decision made in Nov that she is not entitled to HB since Sept. - you have had lots of advice about this and what evidence you can get together on behalf of your sister. it is up to the tribunal to make a decision and yes it may take some time.

2. I am unclear from your recent posts if your name was put on the appeal or your sisters name with you as her representative. You have had great advice from Housing Benefit Officer and possibly could appeal in your own name as you have an interest in the appeal going ahead, but this is getting complex and it may be simpler to appeal in your sisters name.

The appeal in your sisters name could say something like ' I believed I had appealed earlier (date ) as my brother who lives with me helps me deal with matters due to my ill health. He had a letter of authority for housing benefits to discuss my claim (date) and included this with the appeal. He was advised to appeal the decision by housing benefits and also spoke to housing benefits several times since the appeal was made about this claim and the progress of the appeal. It was only on 16/9/13 that he has been informed due to his not completing my name on the form that the appeal cannot go ahead. I understood from him and his conversations with housing benefits that an appeal had been lodged in the time required. I ask that this late appeal be made accepted due to my illness and incorrect guidance given by housing benefit in the interests of justice'

You may want to add details of when you have attended for info an advice about the appeal to support what you are saying.

And it may be worth telling us your local council so we can look at their appeal procedure.

3. I suggest your sister makes a new claim for Housing and Council Tax benefits. The decision that she was not living there was made in Nov 12, a new claim will be made on the facts as they stand now, (getting a recent electricity, water and land line bill all in your sisters name will be useful for the appeal also).
Benefit may be awarded at this stage and then her current rent is being paid, should she be refused benefit on this claim, that can also be subject to appeal and should she be not allowed to appeal No1 then you can appeal from the date of this new claim.

4. i would have thought a local Councillor rather than an MP would be more use at this stage as its the local council who are being difficult in accepting the evidence.

5. Use the local authorities complaints procedure. If your sister is not satisfied with their response make a complaint to the Local Government Ombudsman, possibly on grounds of maladministration eg failure to process the appeal with authority, losing of authority, failure to deal with claims/letters in reasonable time (there may be a specific time period set out in the councils standards).

I would suggest that your sister do all this (that she signs everything herself and its all in her name, afterall its her claim for benefit) and everytime you go to talk to housing benefits take a copy of the authority form she has signed for you to act on her behalf. I understand you are helping her/dealing with it all because she is ill, but as its her claim make everything in her name and you assist with her authority.

Finally, make it a priority to sort out the electricity bill, you need to show that there has been consumption at your sisters house since Sept. I know you have a problem with finding out the supplier, but it is important that you can show to the tribunal all the letters and actions your sister has taken to resolve this.

What is going on with the electricity by the way, how is your sister paying for/being supplied with electricity at present?

Housing_Benefit_Officer

If the Council has accepted you as an appointee then they should accept letters written by you as if your were the claimant.

Direct your Local Authority to page 58, chapter 5.7 of the Guide to Housing Benefit and Council Tax Rebates 2013-14 by Sam Lister and Martin Ward.

nannytone_2

i get the impression that the OP put the appeal in their own name and not that of the sister.
as it is the sister that is the tenant, the OP would have nothing to appeal about as they are not the claimant.

the appeal has to be in the name of the tenant ( the sister)