housing benefit backdate

fyner_pink

hi wondering if anybody could please advise/help me out, my partner and i were receiving housing benefit and then she changed jobs, we were told we werent entitled to claim housing benefit and over the past two years have been struggling financially having loans and using credit cards to stay afloat basically recently i just decided id look into it again as without help i couldnt see us having a home for much longer and found we were entitled after all,been to the council and theyve now given us the entitlement but refuse to backdate because apparently us being advised we werent eligible isnt good cause to backdate. how do i appeal?, is there anyway of getting the money back?as we're in debt from being on low income and struggling for 2 years to pay everything. i was told even if they did they would only pay 3 months back but online its stating 6 months, but if possible id like to push for the entire 2 years as my partner worked hard for that money and to feel like we were getting nowhere but into debt with worries of losing the house. plus i know if it was the other way round they wouldnt just let us keep their money! ..... any help appreciated greatly

rogerblack

fyner_pink wrote: »

we were told we werent entitled to claim housing benefit

Who told you you wouldn't be entitled?
If, and only if this was a council employee might you be entitled to something. If you can prove this, and they admit the error.
Otherwise, it's down to taking the person telling you this to court for damages - which is extremely unlikely to work unless it was actually provably malicious.

fyner_pink

one of the council workers in my local housing office but it was 2 years ago and obviously no name or proof
to be honest id be happy with the 6months right now probably even 3 months if theres no chance of 6, we're just trying to pull it all back together

pmlindyloo

There should be records on your file showing you had reported a change of circumstances. You should then have received a letter showing the breakdown and why you were not entitled to HB. Did you receive this 'award' letter and if so, did you check it?

HB can be backdated for 6 months if you can prove 'good reason, which includes being given the wrong advice by a council worker.

Your computer file should show any letters that were sent out and any information received.

It might be sensible to go to CAB for help in these circumstances.

https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-with-your-rent-housing-benefit/

pmlindyloo

You could also do a Subject Access Request form. Check your local council website for more information.

Example

https://southend.firmstep.com/default.aspx/RenderForm/?F.Name=Lz2DkpeE1Pe&HideToolbar=1

rogerblack

fyner_pink wrote: »

one of the council workers in my local housing office but it was 2 years ago and obviously no name or proof

Do you remember specific details about the visit?
For example - appearance of the employee if there was anything distinctive about them, what office you went into, ...
This would add to your credibility if you try to dispute this.
This is not going to be easy.

Housing_Benefit_Officer

A claim wouldn't be cancelled due to a change of jobs, it would normally be recalculated using an interim wage figure until such time wage slips were provided. If the interim wage details provided were too high to qualify this may have resulted in your claim being cancelled. Did you ever provide wage slips or was your claim just cancelled?

I should also add that a higher Child Tax Credit figure may have been used as HMRC may not yet have taken any increase in wage into account for Tax Credit purposes. By the time the Tax Credit figure is reduced the HB claim may well have been cancelled.

fyner_pink

Housing_Benefit_Officer wrote: »

A claim wouldn't be cancelled due to a change of jobs, it would normally be recalculated using an interim wage figure until such time wage slips were provided. If the interim wage details provided were too high to qualify this may have resulted in your claim being cancelled. Did you ever provide wage slips or was your claim just cancelled?

I should also add that a higher Child Tax Credit figure may have been used as HMRC may not yet have taken any increase in wage into account for Tax Credit purposes. By the time the Tax Credit figure is reduced the HB claim may well have been cancelled.

hi thanks, it wasnt a job to job change there was 6 months unemployment in between jobs, the first time they automatically sorted it for us and obviously as we went into unemployment they paid it automatically again but as soon as my partner started the new job and we were paying full rent but still on low income and enquired about hb only to e told we werent entitled and not having ever sorted that out myself i didnt know there was any way of checking i thought it was just they do or dont give you the help. wasnt until it was getting tough that i started researching how to get help ( there was also no increase in wage from the previous job as they were both minimum wage and same hours..same hours we are doing now and entitled to hb)