housing benift appeal

sliddon_2 · 1 February 2014 at 1:33PM

Housing_Benefit_Officer wrote: »

Is the overpayment caused by the recalculation of the applicable amount?

yes they said the dwp have told them the esa £28 was a mistake so should not have been included on the applicable amount meaning are applicable amount should have been £28 less and are access income £28 more

tinkledom · 1 February 2014 at 1:52PM

cattermole wrote: »

I thought Appeals to the Tribunal had to be on a point of law?!

Quite correct, the appeal is about how & why the council have recalculated all of the previous CT accounts going back years. The law is not at all clear if they can actually do it the way they have.

Additionally they have included income that we have never received (Carers Allowance - underlying entitlement only)

cattermole · 1 February 2014 at 1:54PM

blondebubbles wrote: »

I think that's just the Upper Tribunal, not the First Tier

My understanding is you have to show at any stage that the regulations have been incorrectly applied in reaching the decision that was made, which means the decision was incorrect.

Or that they should be dis-applied when taking into account other Laws and this includes the first stage tribunal. Although if this were to happen it would automatically lead to an Appeal by the LA to the Upper Tribunal.

Anyway don't want to take the OP's thread off topic.

cattermole · 1 February 2014 at 1:58PM

tinkledom wrote: »

Quite correct, the appeal is about how & why the council have recalculated all of the previous CT accounts going back years. The law is not at all clear if they can actually do it the way they have.

Additionally they have included income that we have never received (Carers Allowance - underlying entitlement only)

So nothing to do with Housing Benefit then? Which this thread is about. Appeals for CT reduction are covered by the Valuation Service.

tinkledom · 1 February 2014 at 6:51PM

cattermole wrote: »

So nothing to do with Housing Benefit then? Which this thread is about. Appeals for CT reduction are covered by the Valuation Service.

Yes, sorry it is off topic.

However Council Liabilities are dealt with by the Tribunal Service. I should know I am due to go to it shortly over the amount they say I owe.

cattermole · 1 February 2014 at 7:51PM

It is a different Tribunal Service to the one being discussed here and has no bearing on it what so ever and is dealt with as I stated above by the Valuation Service. It has nothing to do with Housing Benefit or Council Tax Benefit appeals or tribunals.

I feel this needs to be clarified so other posters are not confused by your post (s)

sliddon_2 · 2 February 2014 at 12:14AM

does anyone know if its even correct that the £28 esa appicable amount should be removed when still on esa wrag?

my wifes wages and all other income like tax credits comes to the same as a couple on jsa so my esa payment is zero but the council said the appicable amount showing £28 for esa was so as a couple my wife would be allowed £28 a week more then jsa because she works

not only is it now the same as if she didnt work the fact that her job involves driving not as a choice but demanded in order for her to do the work i dont know how we can pay the fuel tax and insurence mot and up keep with a income the same as jsa

sliddon_2 · 6 April 2014 at 4:50PM

just a little update guys they told me the appeal will take 12months:mad:
however at the same time i also complained about them using her petrol allowence as a income when its paid to my wife to do her job as a call out care worker my wife uses her car and they the company pay the petrol its not included in her basic but still added to her gross net pay on the pay slip so taken as a income

so some good news they have confirmed they should not include this and have paid it back witch cleared the debit so i dont owe them a penny

should i also call the dwp? as they use her payslips to work out tax credits and i guess this is including the £1040 a year petrol allowance...