Bankruptcy Income Payment Order and loss of Housing Benefit

Chazpots

Back again..still as confused as ever. Had my 'official' response from the council in the post today. A weak, pathetic attempt to be honest. They have completely failed to give me an explanation as to where the rules/legislation 'excludes' people in my situation. Really disappionted that they couldn't give me this information. This is despite a specific request in my letter to them. Soooo frustrating!

They also state that HMRC have advised them that in some circumstances, the tax lost to them will still be payable at the end of the tax year and if this is found to be the case; "then your benefit will be adjusted accordingly and any underpayment of benefit will be paid to you". What????...

Have a horrible feeling it's now 3 Gov. departments that can't agree....whilst I sit in the middle!!!!!:mad:

nomoneyprobs

arghhhhhhhhhhhhh what a situation, I feel your pain, I've had run ins with my local council but not on your scale thankfully, Good luck and keep us informed

scaredwitless32

Have you managed to get contact your MP at all, maybe this will be the only way to bring you any satisfaction and to bring these situations to light.........to be caused debt by the act of BR ........is .........well , I cannot say what I think, I just cannot get my head around it :mad: I REALLY , really hope that this works out in your favour!

Chazpots

Thank you so much for all the messages. Emailed my MP last week...no reply yet. Have drafted a further letter to him now I've had the official response from the council. I'm sending copies of all the correspondence to him also. For what it's worth, have also written to the PM!! Figured I've nothing to lose by writing to as many people in Government as possible...perhaps the Work & Pensions Secretary next!????!!! I'm not letting this go, thats for sure.
I'm waiting until I've seen the CAB before I submit my appeal. Want to be fully prepared.

betterlatethannever

Hi Chaz, your doing great there and i agree that letters to MPs etc are a good idea.

I know your having an interview with CAB so i don't know if this will be useful for you but you can ring 'Community Legal Service Direct'..they're a government funded confidential advice service and may be able to help a little. The number is 0845 345 4 345.

Good luck whatever you do:T

Chazpots

Had my appointment with the CAB on 29 Feb. They were honest and said that they would have to seek further advice from their 'special unit' and get back to me the following Tuesday, they said not to write my appeal letter yet. Tues came and went...and weds..and thurs..! I rang them friday and they said they will post the reply from the special unit onto me...but did say that it appears the council were right!!!!
The paperwork has arrived and apparently the special unit considers that if my partner to be "contributing £308 a month, his earned income was likely to be too high to qualify for HB". They have enclosed a couple of Benefit Calculators...one uses the income minus the £308, the other counts it as income. Not sure why they have done this. The figures do not match those provided by the council (by a long way). A note from the advisor I saw just says.."it appears that if the NT Tax code is counted as income you should be entitled to a small amount of HB", no advise on how I should proceed with the appeal. Quite sad...I did specifically ask for their support and did quote CPAG guidance. Guess thats it for them then!!!???
I waited 2 weeks for that...only 2 weeks left to appeal and have acheived nothing.:mad:

debt_doctor

What sort of service is that ?

I do despair sometimes with some things I hear. So it went to SSU. Where is the quote of legislation to which their decision refers ? What are your local CAB going to do about supporting you in your appeal ? Have they even provided you with a GL24 ?

Ill word your appeal for you, when is the 1 month expiry date ?

DD

Chazpots

Thnks DD,

The appeal has to be in by 20 March. I think my local CAB have done all that they are prepared to do. I'm not really sure they understood what I needed. They certainly have not mentioned helping with the appeal. Think I need to give up with them.
The benefits manager told me I needed to appeal on a point of law...or lack of it. I specifically requsted from the council the relevant legislation that states that it should be included as income....they ignored that part of my letter.... Basically, they can't find anything, so rather find in favour, they cancel the benfit and leave a family in severe hardship!

Chazpots

I should add.. I have a leaflet "benefits appeal procedure" from the council. I'm guessing this is the GL form?

tigerfeet2006

Chazpots have you tried the community legal servce at all?

http://www.clsdirect.org.uk/
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