Courts deducting money from benefit

Lioness_Twinkletoes

blowfelt wrote: »

Unless someone guides me to the reference in law (no one has yet) which states they can do the above,then it is legally wrong.

The fact that no one on here can give a definitive answer does not make it legally wrong! It just means we don't know and you need to go elsewhere to find out.

blowfelt wrote: »

I spoke to someone at DWP who told me the court can deduct money from benefits without benefit holder's permission.I then spoke to another person at DWP who then told me the opposite.I recorded both conversations and the second DWP person hung up when they realised i was recording them,who do i believe.

Of course you believe the second person - they told you what you want to hear!

Get some professional advice - ask your solicitor, I am assuming you have one?

System

I am Appealing the conviction,surely they cannot take money out of my benefit until the outcome of my Appeal.

I have no solicitor.

tomtontom

They should not be making deductions whilst you are appealing.

They do have the right to ask the DWP to make deductions without your consent, if the appeal does not go in your favour. The form they gave you is not 'illegal', but it doesn't matter if you complete it or not, they can find out whether you are claiming without your consent.

cifpower

You get fined. Judge orders you to pay the fine. You say income is benefits. Court applies to DWP who pays your benefits for deductions to pay the fine.

I get fined. Judge orders me to pay the fine. I say income is salary from employment. Court applied to my employer who pays my salary for deductions to pay the fine.

No difference there. You don't have to give your permission nor do I. It happens. The only exception for benefit recipients is that the government has stipulated what benefits can be used for deduction.

SailorSam

There was a story on the Tv news earlier about Universal Credit, i thimk they were in Warrington where UC has already started. A Housing spokesman said since it was introduced the amount of people in rent arrears had increased by over 90%. The new rules mean that to get people use to budgeting rent is no longer sent to the landlords but go straight to the tenants.
So if the law says that landlords haven't the right to receive the money they're owed, why can the Courts take it direct. Surely if the rules say people have to be responsible for themselves benefits should go straight to them.

dippy3103

SailorSam wrote: »

There was a story on the Tv news earlier about Universal Credit, i thimk they were in Warrington where UC has already started. A Housing spokesman said since it was introduced the amount of people in rent arrears had increased by over 90%. The new rules mean that to get people use to budgeting rent is no longer sent to the landlords but go straight to the tenants.
So if the law says that landlords haven't the right to receive the money they're owed, why can the Courts take it direct. Surely if the rules say people have to be responsible for themselves benefits should go straight to them.

Because fines are only deducted from benefits if the person has not made the payments set by the court. There is no other way to compel people to pay.

Landlords will evict if rent isn't paid. So there is a consequence. It's rough on the landlords I agree

dippy3103

blowfelt wrote: »

I am Appealing the conviction,surely they cannot take money out of my benefit until the outcome of my Appeal.

I have no solicitor.

Sorry missed that before I posted. Why are you not represented? Choice or lack funds

cifpower

SailorSam wrote: »

There was a story on the Tv news earlier about Universal Credit, i thimk they were in Warrington where UC has already started. A Housing spokesman said since it was introduced the amount of people in rent arrears had increased by over 90%. The new rules mean that to get people use to budgeting rent is no longer sent to the landlords but go straight to the tenants.
So if the law says that landlords haven't the right to receive the money they're owed, why can the Courts take it direct. Surely if the rules say people have to be responsible for themselves benefits should go straight to them.

This is not dependent on UC. Housing Benefit for private tenants changed to Local Housing Allowance for new claimants or claim which changed from 7 April 2008. This made tenants the recipients of the allowance to forward to the landlord.

tomtontom

SailorSam wrote: »

There was a story on the Tv news earlier about Universal Credit, i thimk they were in Warrington where UC has already started. A Housing spokesman said since it was introduced the amount of people in rent arrears had increased by over 90%. The new rules mean that to get people use to budgeting rent is no longer sent to the landlords but go straight to the tenants.
So if the law says that landlords haven't the right to receive the money they're owed, why can the Courts take it direct. Surely if the rules say people have to be responsible for themselves benefits should go straight to them.

Landlords can apply to the DWP for an attachment of benefits order where the tenant is in arrears.

CIS

The legislation covering deductions is the Fines (Deductions from Income Support) Regulations 1992 (as amended).

The Employment and Support Allowance (Consequential Provisions) Regulations 2008 amended the regulations to cover ESA.