Charge For Extra Bedroom UC

poppy12345

ANDY1964 said:

The decision maker has put on my journal that she is not going to backdate the bedroom tax from June 2017.

She has advised that there is no right to appeal, is that correct because I feel there are very.good grounds to appeal.

The reason that this has been refused is based on.rhe assumption that I did not ask for a review within 12 months.

However that was not the.case as a request was made in respect of bedroom tax exemption 6 months after.the.innitial.award of UC.

Any advise as always would be appreciated.

I'm also confused by your dates. In your first comment you said you've been paying bedroom tax for 2 years. Further in the thread you said you've been claiming UC for 3 years.

Now you've mentioned 2017?? why are you asking for it to be from before you claimed UC? It's impossible for it to be from a date before you claimed UC. 

If you've been paying bedroom tax for 2 years and claiming UC for 3 years, what happened the first year that you claimed UC? were you claiming an extra bedroom then? 

Edit to add further, in one comment you said you made them aware of the extra bedroom need when you claimed UC 3 years ago. Further on into the thread you then said you made them aware 6 months after you claimed UC.... I'm so confused by your strange timelines. 

sheramber

What I surmise is UI

the OP was on ESA and council accepted the need for a cater and did not charge for extra bedroom.

He moved from ESA to UC - “about 3 years ago” -  2021?

He states UC were aware of the need for a carer but does not state how they knew- did he claim or assume it would automatically transfer?

Is there any record of OP claiming ?
The  decision maker is saying there was no claim within 12 months of the UC starting  but OP disputes this.

Circumstances meant a new claim for UC in December 23 and  the extra bedroom claim has been accepted from then.

I don’t know where 2017 comes into it as first claim for UC appears to be “about 3 years ago@.

8dayweek

The “no right of appeal” thing I am guessing is refusal to make a decision as you’re asking for revision of Housing Element awards that were more 13 months ago. As in, you’re outside the absolute time limit? That’s my best guess.

When did you complete the “tell us about your use of an extra bedroom” task? 

ANDY1964

Just to clear things up.

I migrated from ESA to UC in July 2017.

On the 8th March 2018 I I requested the need for the extra bedroom be reconsidered as this was not the case when I moved from ESA to UC when I subsequently applied for the extra bedroom

The decision maker is relying on the fact that because I did not ask for a review within 12 months I am.not entitled to backdated bedroom tax that and because of my disabilities and needs should I meant I should have been exempt from.bedroom tax.

She is wrong to claim this because  i asked for a review of this on 8th January 2018 which was within the year that i migrated from.ESA to UC.

The decision maker is and was fully aware of this significant fact and saying i did not ask within twelve months is completely untrue.

Her findings have been based on something that I did do, to claim.otherwise as is the case is pure fabrication.

ANDY1964

I feel the confusing is because of this.

When I was granted exemption from the bedroom tax earlier this year I asked for a mandatory reconsideration on that decision and argued the fact that any backdated payments should be made from 2018 when the original request for the exemption of bedroom tax was made but not dealt with and ignored by UC.

poppy12345

Right, so you've been claiming UC for almost 7 years and not for the 3 years you stated. Yet you didn't answer the question of how you've only be paying bedroom tax for 2 years. 

I think the first thing you need to do is get your dates correct because there's a lot of confusion here. 

Spoonie_Turtle

ANDY1964 said:

Just to clear things up.

I migrated from ESA to UC in July 2017.

On the 8th March 2018 I I requested the need for the extra bedroom be reconsidered as this was not the case when I moved from ESA to UC when I subsequently applied for the extra bedroom

What was the outcome of that?  If it was an unsuccessful mandatory reconsideration then unfortunately they're probably right that you needed to appeal it within 13 months of the original decision.

peteuk

So heres my thoughts....

You transfered to UC in 2017 and advised them you needed a third bedroom in 2018.  This was within 12 months of the UC claim.  However nothing has happended until 2024.  6 yrs later...

So Im not sure why they would back date this to 2017.  What did you do between 2018 and 2024?   Did you make a new claim in 2024, if so then they will back date this to the start of the claim eg 2024. 

ANDY1964

peteuk said:

So heres my thoughts....

You transfered to UC in 2017 and advised them you needed a third bedroom in 2018.  This was within 12 months of the UC claim.  However nothing has happended until 2024.  6 yrs later...

So Im not sure why they would back date this to 2017.  What did you do between 2018 and 2024?   Did you make a new claim in 2024, if so then they will back date this to the start of the claim eg 2024. 

I requested the need for the extra bedroom when I first had to claim fir for UC after being transfered from ESA
( June 23 2017 )

UC denied me the extra  bedroom which was awarded when in receipt of ESA

I told UC that I wanted to ask for a mandatory reconsideration that took until January 2024 to conclude.

Again UC denied the extra bedroom and told me that I had no right to appeal.

My circumstances changed in January of this year due to my disabilities and I was awarded exemption from the bedroom tax.

On taking advice I asked for a mandatory decision as it would appear that I had the right to appeal the original mandatory decision made in 2017 as now i understand matters i could have taking the case to an tribunal back in 2017.

I asked UC to consider back dating and because of the reasons giving to the original decision not to exempt me from bedroom tax back in 2017.

However UC did not consider back dating to 2017 and awarded me and refunded bedroom tax from January of this year.

I therefore exercised my rights and asked for a mandatory reconsideration 
that the decision not to award exemption from tax be duly considered from the first decision not to award it plus the very fact that I was denied any right as to appeal.

The decision now is that it will not be backdated because I failed to do this within 12 months.

That is not true at all for the reasons giving.

It is also clear from the recent decision which was placed on my journal and not.in a letter that UC are again saying that I have no right to appeal this latest decision which again does not sound correct.

Evidently UC have now on two.seperate occasions advised me in their findings that I have no legal entitlement to appeal their decisions in regards bedroom tax.

To say I never attempted to appeal their decision is not true at all.

And how on earth could I appeal the original decision when UC stated that I could not appeal?.

peteuk

Sorry, I asked what you did, I didn’t say you never appealed…

So you still havent said why you needed the extra room back in 2017.  But I still dont get why it took them until 2024 to make a decision without you chasing it.  

So as I see it, UC said no,  but that changed when your circumstances changed.  You’re now questioning why it hasn’t been applied to the start of your UC.  Would that be because they said no at the time, what are the dates of your application, decision, MR?  Have you missed a decision somewhere?