Bankruptcy Income Payment Order and loss of Housing Benefit

Chazpots

Just received a 'Decision Notice' from the Tribunal Chairman confirming the adjournment because "a further submission is required from the Coincil, setting out precisely the decision under appeal and if there is any overpayment, the amounts and dates thereof".

Spoke to the council yesterday. They're very confused over what it is the chairman wants from them. They fail to see what they can add to the submission. Erm...this could get interesting.

Perhaps I should now win by default?! he he

On a glummer note, looks like it will take 4-5 weeks for a new appeal date.

Still...at least it's the weekend!

General_Hogwart

I'm going hrough a very similar situation.

Thanks to DebtDoctor for the letter of appeal, very well put together and useful for me.

Thanks for theregular updates Chazpots and i hope it all goes well for you. Hopefully they will realise the eror of their ways and give you your refund, compensation and start paying you your entitled HB again.

and thanks to Dalip for ointing m in the direction of this thread!

Chazpots

Hi Foggie,

Glad you found this thread too and I'm pleased you can make use of the information on here. If you're in a position to, you must appeal. If enough of us do, then they will have to take notice. Please PM me if I can help in any way big or small...

I am pushing DWP to change these rules to stop this happening...Have been waiting 4 weeks for a reply to my latest letter. Could no news be good news??

Ever hopeful.........
Chaz

General_Hogwart

I had a reply from the appeal letter I sent. They are still classing the tax that I'm not paying as income :-(

They did decide not to make us pay back the "overpayments" though which is good news!

I need to re-apply for housing benefit under the new terms, they sent an application form - no point though as they now think my income is too high.

I did write to the OR about it over 2 weeks ago and haven't heard anything back. Iguess I should write to them to keep them updatedwiththe situation.

Chazpots

Hi Foggie,

Firstly, thats great news that they have written off the arrears. I'm sure it's a huge relief!

Under what "new terms" do you need to apply? Are they taking your appeal forward? I'm guessing you didn't just appeal the OP but the decision to stop your benefit by including the IPO as income..so why do you need to reapply? Sorry, so many questions!!!!!!!

On a personal level I've still not heard a peep from the DWP Ministerial Correspondence Unit (MCU), The Secretary of State (James Purnell) and neither has my MP. He wrote in early June and I wrote to them on 14 June. Emailed the MCU 2 weeks ago asking when I could expect to receive an explanation.....received a shocking reply that simply said "hopefully by the end of the month". Well here we are and still waiting! I'm not going anywhere!!

Never in a million years thought this saga/thread would go on as long as it had!
Chaz

Chazpots

Have received my latest appeal date 29 Sept! The council have resubmitted further information. They state that they cannot apply what was used in fedupwithcouncils appeal as they basically say it was incorrect!

They say they acknowlege and respect my research but the law does not permit them to deduct the IPA.

Was a week ago I emailed DWP asking where my reply is....no suprise...they haven't replied! Had an email from the secretary of state in which he said DWP will reply on his behalf!!!! What a joke...So I've asked him if he can chase them up..

Still, another friday is here and i'm having a rare (cheap) night out!!! Hurray1

Chaz

scaredwitless32

I wish you well for the 29th, doesnt sound too good does and I take it the secretary of state is just passing the buck...........no surprise really is it........as normal joe public have to take the brunt!

Hope you enjoyed your night yesterday and are not suffering too much
Good luck,

General_Hogwart

Chazpots wrote: »

Hi Foggie,

Firstly, thats great news that they have written off the arrears. I'm sure it's a huge relief!

Under what "new terms" do you need to apply? Are they taking your appeal forward? I'm guessing you didn't just appeal the OP but the decision to stop your benefit by including the IPO as income..so why do you need to reapply? Sorry, so many questions!!!!!!!

It is great news that they have written off the "overpayments" although hey were a fraction of yours. It's still a relief though.

Apparantley the housing benefit terms changed in April. There is no point in me re-applying though because they are classing the money I'm no longer paying in tax as income so they now think I earn too much even though it's the same as it was before :@

I did appeal and they replied saying that they class the money I am no longer paying as tax as income and "The Council must work within the law that giverns benefits".

I think the letter that DD drafted helped in a big way and as a result I don't have to pay them back anything which I am very greatful for. Some of the quotes used they responded to... I can't find the letter right now but they had some lame excuses about them not being applicable or some other way to worm out of it :-(

Oh well, I'll just have to do a few hours overtime a wek if I can get it to make up the difference. Or try and win the ltery. I did win £6.30 on Euromillins on Friday :-)

I also hope you had a good night out and wish you all the best for 29th Sept.

General_Hogwart

Oh yeah and I finally had a letter back from the OR saying they couldn't do anything about it - great thanks for your help!!!

I did also mention to them in my letter (I also informed the people who I have now started paying my tax money to) that I had a week off in June unpaid and therefore would not have paid any tax so asked if 1 weeks worth could be reduced from my payments as I did not earn the money. Both parties have ignored that / not responded to it atall. I have just paid them the money that I have been paid extra. I can't find the extra weeks worth as I did not earn it. I assume they are just asking for the average and don't care if I earn it or not. Oh well. I have paid them excluding this amount so I'll just wait to see if they ask for it and then I will ask them why they didn't respond to my letter explaining the situation I sent them to begin with!!

Chazpots

Foggie - I cannot see how they cannot take your appeal forward. Pressumably they have done a reconsideration - you can still appeal. You are not receiving the HB because of their decision. You have every right to have your appeal heard! Your circumstances are exactly the same as mine. I am luckier I guess that the decison was close to the end of the tax year so the NT stoppped quite quicklt afterwards. You have potentially the whole of this current year without the HB! Perhaps it's worth sending a PM to DD?

I find it incredible that in my case the OR settled the OP and in your case the LA....Anything but acknowledge the rules need changing eh? And that applies to both of them.

Sadly the night out didn't happen....Oh well, there's a'ways next week.

Let me know If I can help in anyway.

Chaz