Bedroom tax query

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Can I ask advice of you lovely peeps for my friend

She lives in a housing association property and has terminal breast cancer. About 10 months ago, her adult son came to live with her to help out ( didn't know it was terminal then)
She has paid the bedroom tax for many years and isn't great with forms etc. She had mental issues anyway, then the cancer took hold and she went to pieces, understandably

Anyway, last week I started to get her sorted. She hadn't said her son was living there. She may or may not owe rent ( gets housing benefit) as he works but according to the online calculator, she doesn't. That's irrelevant as she will pay if she owes

What we want to know is.....could she claim back the bedroom tax that she has been paying that she shouldn't have.
LBM.....sometime in 2013 £27,056. 10 creditors
June 20.....£7,587.....3 creditors left 72% paid

£26,200 on interest only part of mortgage (July 16)...will chip away £17,103
£49,200 repayment mortgage ( July 16) £37,764

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,051 Forumite
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    What benefits is she receiving?
  • zenshi
    zenshi Posts: 1,119 Forumite
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    Housing benefit, council tax benefit, PIP and some other that I don't know the name of but its paid fortnightly
    LBM.....sometime in 2013 £27,056. 10 creditors
    June 20.....£7,587.....3 creditors left 72% paid

    £26,200 on interest only part of mortgage (July 16)...will chip away £17,103
    £49,200 repayment mortgage ( July 16) £37,764
  • pmlindyloo
    pmlindyloo Posts: 13,051 Forumite
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    zenshi wrote: »
    Housing benefit, council tax benefit, PIP and some other that I don't know the name of but its paid fortnightly

    If she receives the care component of PIP then no non dependent deductions will be made to her HB. She is exempt.

    See here:

    http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/applying_for_housing_benefit/housing_benefit_when_other_adults_live_in_your_home

    However, I would recommend updating the council about her non dependent son living with her. If you explain about her circumstances then if there is an amount to be paid back (possibly council tax support - it varies from council to council) then they would be able to make a deduction from her benefits for the overpayment. Of course if there is an overpayment then her son could contribute depending on whether this has been taken into account in his paying his mum for his 'keep'.

    I am presuming that he has moved in permanently and is not just visiting. (Edit - just reread that he's been there for 10 months - not visiting then)
  • Housing_Benefit_Officer
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    If it causes an overpayment of Housing Benefit or Council Tax Support then he would be included in the household from when he moved in.

    As the claimant receives PIP then there would be no non dep deduction and no overpayment.

    The inclusion of the non dep would increase Housing Benefit as there would be no bedroom tax. This would be a beneficial change in circumstances. Beneficial changes of circumstances need to be informed within one month of occurring otherwise they are taken from the following Monday after being notified.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • zenshi
    zenshi Posts: 1,119 Forumite
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    Thank you, I think I understand!

    The housing person I spoke to was at the council, so would I assume that council tax side would automatically be informed as its a claim?

    The bedroom tax she thinks she pays to the house provider. Is this money just now 'lost'
    LBM.....sometime in 2013 £27,056. 10 creditors
    June 20.....£7,587.....3 creditors left 72% paid

    £26,200 on interest only part of mortgage (July 16)...will chip away £17,103
    £49,200 repayment mortgage ( July 16) £37,764
  • TBagpuss
    TBagpuss Posts: 11,205 Forumite
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    I would not assume that anyone would be automatically informed. It's also generally sensible to provide information in writing rathe than by telephonee, and to keep copies.
    If you do provide information by phone then make sure that you get the name and number of the person you speal to, and make and keep a note of what has been said.
    If your frined is struggling then she should be able to authorise people to speak to her son on her behalf.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • zenshi
    zenshi Posts: 1,119 Forumite
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    Letters have been written that authorise myself and her son to deal with this and I have logged all calls, dates and names in a book for her
    LBM.....sometime in 2013 £27,056. 10 creditors
    June 20.....£7,587.....3 creditors left 72% paid

    £26,200 on interest only part of mortgage (July 16)...will chip away £17,103
    £49,200 repayment mortgage ( July 16) £37,764
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    First Anniversary Combo Breaker
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    zenshi wrote: »
    Thank you, I think I understand!

    The housing person I spoke to was at the council, so would I assume that council tax side would automatically be informed as its a claim?

    The bedroom tax she thinks she pays to the house provider. Is this money just now 'lost'



    Housing Benefits Officer answered the question...

    All changes need to be notified within a month or start from the next Monday following notification.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
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    zenshi wrote: »
    Thank you, I think I understand!

    The housing person I spoke to was at the council, so would I assume that council tax side would automatically be informed as its a claim?

    The bedroom tax she thinks she pays to the house provider. Is this money just now 'lost'

    She is not paying a tax to the housing provider, she is paying a small amount of rent.

    Is she in receipt of means tested ESA? If so she may have been receiving the severe disability premium. She would not have been entitled to this since her son moved in. If this is applicable, you need to speak to the DWP as a matter of urgency.
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