My housing benefit claim was terminated and don't understand why

gilbutre

Hi everyone,

A month ago I noticed that my housing benefit payment hasn't been done. I called housing benefit and they said that my claim is suspended because I failed to provided proof of income as requested in a letter they sent me.

I did not receive this letter. I was advised to send proof of income now. I went to neighbourhood office who faxed my last 2 self-assessement tax returns (I'm self-employed, I don't have an accountant).

Two weeks after that I called housing benefit. They said they received the documents. I asked them if it was what they wanted and the person said yes.

Two weeks after that, housing benefit sends me a letter stating that they terminated my claim because I "have not provided the required information to continue with" my claim.

I called them today and asked them what on earth do they want from me? The person said only the decision-makers know what exactly is requested from me.

The person was only able to give a general description of the requested documentation: "information about profit and loss". Weird, I thought that was exactly what self-assessmment tax return was about.

I was advised to make appeal, which will probably take ages to process, and in the meantime I'm in serious trouble because I cannot pay my rent. And I still have no clue what they want from me.

Sidenote: everything started after the initial letter requesting documents got lost. I just read "Postwatch estimates 14.4m letters are lost every year" (http://news.bbc.co.uk/1/hi/uk/3681547.stm). It's incredible that there seems to be nothing in place for housing benefits to take this fact into account. Instead, action is immediately taken as if no mail gets lost ever.

My question is: what happened? Why is my claim terminated although the documents I sent clearly show my income?

I'm thinking that my wife works part-time and I did not send anything about her income. That's because I thought it was about me only. The letter I did not receive probably explained this clearly, over the phone they were very vague.

If this is the problem, then will my appeal work?

Also, how much time should the whole process take, before I start receiving benefit again?

Finally, if the documentation I provided was incomplete, why did they not contact me to request the missing pieces???

pmlindyloo

Stop telephoning them and go into the council officers and ask to speak to someone more senior about your claim. Take all your paperwork with you and evidence of your wife's income (last three payslips)

And of course you need to notify them of your wife's income. If you live together then this is a joint claim and the household income is taken into account.

gilbutre

Meeting any decision-maker has always seemed like an impossibility to me. Where should I go exactly?

Housing_Benefit_Officer

Self assessment tax returns are never accepted as proof of self employment.

We want self employed accounts or a completed self employment form showing income and outgoings for a financial year.

Some outgoings accepted by the tax office are not counted as outgoings under benefit legislation.

portly1

Housing_Benefit_Officer wrote: »

Self assessment tax returns are never accepted as proof of self employment.

We want self employed accounts or a completed self employment form showing income and outgoings for a financial year.

Some outgoings accepted by the tax office are not counted as outgoings under benefit legislation.

In that case and after the council had received the 'inappropriate' self assessment returns, would it not have been prudent for the council to issue the relevant forms instead of being heavy handed and terminating a suspended claim? It might just have got the information that they wanted?

I had an issue once with a very similar situation. I was put on a one month notice (September) to supply the accounts for the accounting year that had ended 4 weeks earlier (August).

Wrote back saying that they would not be ready for another 6/8 weeks. Two weeks later they terminated the suspended claim on the basis that I had not provided the evidence within the 1 month period they had given.

All it needed was for someone to see a little sense.

gilbutre

A friend of a friend of mine works at housing benefit. He enquired about my case and got this reply:

"Self-employed form was not completed properly. Profit and losses were not mentioned at all so benefits couldn't assess self employed income. You have to submit a new fully completed form by friday at our local neighbourhood office as if u dont you will have to complete a new application."

I live in Birmingham, this is what I found when googling "self employed form": http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDYQFjAB&url=http%3A%2F%2Fwww.birmingham.gov.uk%2Fcs%2FSatellite%3F%2526ssbinary%3Dtrue%26blobcol%3Durldata%26blobheadername1%3DContent-Disposition%26blobkey%3Did%26blobtable%3DMungoBlobs%26blobwhere%3D1223409116647%26blobheadervalue1%3Dattachment%253B%2Bfilename%253D186701Self-Employed%2BForm.pdf&ei=dLVBUqX4Jayg7AbTnICwAw&usg=AFQjCNEwcjvLDvcRqkBksEwSK-iqo2wkHQ

Is it what I need to complete? Also, should I provide documentation about my wife's job income and if so in which form?

RAS

Hi

You would be much much better going to the office with a copy of that form and asking themj if it is what they want.

For all we know it is the correct form to use if you applied before 1 September 2013.

You need info from the horses mouth. Ditto ask them what they want for your wife's income, but if she is in employment start with the last three months wage slips (take them and ask if they want anythign else).

gilbutre

Thanks a lot RAS, I'll follow your advice.

According to that page: http://www.birmingham.gov.uk/contact, the housing benefit office here is at Victoria Square Birmingham B1 1BB. I'll go there tomorrow but frankly I would be surprised if they allowed me to see someone.

Most likely they will tell me to call the official housing benefit phone number, which I did, and ask my questions over the phone (none of the 2 people I talked to over the phone were able to tell me exactly which documents are needed in my case)

fluffymovie

How did you get on Gilbutre?

gilbutre

Well neighbourhood office confirmed it was the right form so I filled it out and they sent it along with my wife's last payslips.

The only issue is that this form asks original self-assessment tax returns (in it, it is actually called "Schedule D assessment" which I understand is an obsolete name for self-assessment tax return). I have only copies of my tax returns.

HMRC told me they'll send me an original summary of my last tax return within 2 weeks. It's probably not what they actually want though. I have no idea where to get an actual original tax return.

Regardless of whether I succeed or not, I find it incredible that there is nothing in place to deal with cases where mails get lost. If a mail requesting evidence from you gets lost, you are simply screwed.

portly1

gilbutre wrote: »

Regardless of whether I succeed or not, I find it incredible that there is nothing in place to deal with cases where mails get lost. If a mail requesting evidence from you gets lost, you are simply screwed.

You certainly will get screwed!

You are on a time limit and the excuse ' well I didn't get your letter' will hold no water.

Under current regulations and case law, when something is posted to you 'at the last known address' it is deemed to have been delivered and read by you.

It could have been sent to the wrong address, an old address, it doesn't matter just as long as they can show that it was sent to the 'last known address'.


If you didn't receive anything, you will find that they will throw that regulation at you.