Bedroom Tax Loophole Claim in Progress

yankee77

Hi

I am exempt from having to pay the bedroom tax as I have been on Incapacity Benefit from 1993 up to December 2013 when I was put in the Support Group ESA. I have also lived in the same Council House before 1993.

I wrote to Council explaining this and after three weeks I get a letter telling me to get in touch with DWP and ask them for the proof, so I have wrote yesterday to the DWP where all records are held. What I wish to know is that in the letter the person who told me to send in proof has put a limit on the date it has to be back to them, which is the 4th March 2014.

I do not think that is fare that gives me 22 days for this proof to come back to me and there only 28 days in this month, let alone get it sent into them as I am sure there will be loads and so it will get delayed in that respect.

If I am correct this person cannot put a time limit on something that is legal can they? I just feel like the person is trying to block or do things in a way that is going to be difficult for me. So I think I may need to make an appointment with the Mental Health CAB that is near to me; I have phoned but it was leave your message and a number, and I have done so.

Does anyone have any info on this can she put a time limit on it? I have got my letter to the council three week ago, and only just heard yesterday for me to get evidence from DWP so they should get Recorded Letter on Monday where they have all the records.

I understand once they close the loophole I will have to begin paying rent again. I am still owed the previous years money back. Surely if it goes past the time limit I can appeal?

nannytone_2

being in receipt of incapacity benefit from 1993 wont make you exempt.
you need to have been receiving housing benefit, continuously for the same property since 1996

the council should already have this information.
the DWP have nothing to do with housing benefit and so i dont understand what they could possibly supply you with thyat could make any difference

yankee77

I have been in receipt of Housing Benefit continuously since 1993. I have wrote to where the DWP have all records on file, and for my area that is Wolverhampton. I did wonder the same thing with proof I thought Housing Benefit at council would already have details there and then but apparently not. My benefit does have Housing Benefit worked out within it. I have also been in the same property since way before 1993.

nannytone_2

you get a housing benefit award letter every year.
do you have these awaed letters?

yankee77

Not from way back then

nannytone_2

i am at a loss as to what the DWP can provide you with as proof.
incapacity benefit isnt an automatic entitlement to housing benefit as it isnt based on income, and thats all they can supply you proof of ( or did you receive an income support top up?)

cattermole

So Wolverhampton MBC are saying they have no records of you receiving HB from them?

The LA's are supposed to be tracking down those that are eligible. So when do they say they have been paying you benefit from?

yankee77

Hi Cattermole

I sent letter to my council and they replied back telling me to get proof from DWP. So I phoned DWP and they told me to phone Wolverhampton as all records of my benefits and housing benefit are there and that is where I have wrote to for proof of my housing benefit from 96 to 2004 they will get that request in the post on monday. I hope I get proof back before 4th march as that is time limit they given me.

Nannytone I always got housing and council tax benefit with my IB same as I do now being in ESA Support Group. I dont understand why council housing benefit dept dont have this proof there instead they told me to get proof with dates from DWP it was only by phoning DWP that I found out where to write for proof Wolverhampton not local DWP but where tbey keep all files.

yankee77

I know LA's are supposed to be writing to those affected but I don't trust that. I also sent same letter to my council housing that I sent to HB at the council town hall.

I heard my housing council tenant they have 300 people who are exempt so you can imagine the backlog when person at council gave me til 4th march its like they stalling or putting block deadline in the way

Morglin

Councils have been told to sort out who is eligible, and housing offices should have records of when a tenant took over a property.

The DWP may well also hold details of whether a tenant received HB - at one time, any claim for Income Support linked to any housing claim. Even though paper files might have been archived, it should be traceable.

But, ultimately, the councils need yo do the investigations as to who is eligible.

There will be delays, and it cannot really be blamed on HB offices, as they have been landed with this foul up, by the DWP.

But, if a council starts being obstructive, then go to a local councillor or MP for assistance.

Lin

yankee77

Hi Morglin

Can the council give me a deadline to get proof back or is this an obstruction? The council has given me to 4th March to get proof back and the place I have wrote to will get my request for details tomorrow by Recorded Post.

Thank You