Bedroom tax exemption?

rogerblack

nannytone wrote: »

housing benefit for social housing has, intil recently, always been paid directly to the LA/HA

However - bank statements showing an income suitable for claiming HB, and no housing costs - may lead to a reasonable presumption that if the claimant is living independently and is not a homeowner - that they are getting HB.

fluffymovie

I would complain to your local cllr and MP as I think it's ludicrous to ask you to keep records back to 95.

In most LAs the Ctax records show you've lived there and in my council, we have paid on the balance of probabilities. However, we only have 962 people affected by the bedroom tax and of these, 42 who we have identifed as exempt.

I should think Hounslow have a much bigger caseload so sounds like they're taking a very poor approach.

Submit a formal appeal as I very much doubt they'll want to take it to a tribunal!!!

lighting_up_the_chalice

sniggings wrote: »

I always thought it was a choice until recently.

You can still have it paid to the LL but I think you first have to be in arrears tho.

Not in Social Housing... well, not yet anyway.... and the bedroom tax only effects Social Housing.

sniggings

lighting_up_the_chalice wrote: »

Not in Social Housing... well, not yet anyway.... and the bedroom tax only effects Social Housing.

oh right that's what it is then, as I remember claiming housing benefit for a couple of months around 15 years ago and though I remembered being paid directly but yeah it was a private rental.

MidnightHour

Not entirely sure the onus is on the tenant to prove anything here, when a person makes a claim for any benefit they declare by signature they are entitled to claim for said benefit.

Just tell them you want to take it to a tribunal, i'm sure a judge would take your word for it.

Morglin

Welfare Rights are saying that the duty of sorting this out is on the councils, in their HB offices and they need to liaise with the DWP, who would have records, of what benefits were paid when, via the NI records, if nothing else.

Social landlords have been paid rent directly for a lot of years, until recently, so they must have some records on their system.

If you get nowhere with the council department concerned, contact the Director of Benefits at Hounslow, or a councillor, or your MP.

I can understand why HB offices are miffed at this being landed on them, but they have been instructed to process refunds, and alter the benefits payable, until such time as they close this loophole, and it is up to them to prove you weren't getting the benefit from 1996, not up to claimants to prove they were.

Lin

dodger1

lighting_up_the_chalice wrote: »

Not in Social Housing... well, not yet anyway.... and the bedroom tax only effects Social Housing.

I live in social housing and my HB is paid direct to the HA. The council were happy to do it either way.

rogerblack

fluffymovie wrote: »

Submit a formal appeal as I very much doubt they'll want to take it to a tribunal!!!

To be specific -the decision that you need to appeal is the decision of March 2013 to impose the 'bedroom tax'.
Your argument is that this is in error - for someone that's been there since 96 and continuously claiming HB.

A formal appeal must be done before 13 months elapse.

lisawheely

Hi thank you all for all your help but does anyone know if the Law/Loophole has been closed? I still have not heard back from Hounslow Council just the letter stating they are looking into it, called them and they said it will be a while before i hear from them, but i'm terrified that the loophole has been changed and i have to start paying and do not know about it and about to be slapped with a huge rent arrears bill!

specialboy

The loophole was closed a while ago but it won't affect any legitimate claims from before this date even if you get paid out now.