Bankruptcy Income Payment Order and loss of Housing Benefit

Chazpots

My friend called them last week on my behalf. They said they could help, once they'd carried out means testing for legal aid (which shouldn't be a problem)! I was waiting to see what the CAB came back with (pehaps foolishly) before I called them as didn't want any crossed wires! Going to try and call them later...once my partners home and can keep the kids amused!!!

tigerfeet2006

Hope it goes well. Let us know what happens.

scaredwitless32

Sorry to see that you have not had any satisfaction over this chazpots.......good luck with your on going battle, hope it works out for you.......... x

debt_doctor

Yes I was going to ask you if you could check to see if you are legally aidable as if the appeal is not sucessful,and the commisssioner says no then you may have to go for judicial review in the high court.

Its not a long process but does require funding.

DD

PS If the council have provided you with an appeal form then you should use that one, otherwise a gl24 ( what to do if you think our decision is wrong booklet) or in writting stating the neccessary information.

debt_doctor

Ill post the wording of the appeal by Wednesday

DD

Savvy_sewing

debt_doctor wrote: »

Give this quote to your local council ( not DWP ) from the cpag welfare benefits handbook.

Chapter 38 What counts as income for means tested benefits ( which housing benefit is )

" Income will only count if it is paid to you for your own use, and will not count if you cannot prevent it being paid to a third party."


DD

I didnt realise this, this could have helped me over the last few months as my housing benefit is not taking my payment to Clarke Wilmott either? Mind you I have not paid much lately as I have been on SSP so I havent been able to send any money to them. Funnily so far they havent chased me yet either? Opps must get on to that or I will be in trouble. Good job I read your thread!!:rolleyes:

debt_doctor

Hi, this is my suggested wording of your appeal;

I wish to appeal against your decision to terminate / reduce my housing benefit.

I feel that your decision to consider amounts from my salary normally paid in tax to the Inland Revenue as income is not allowed under housing benefit legislation.

The following is DWP guidance to local authorities;

Calculation of net earnings

HB Reg 36; CTB Reg 26
W2.260 When you consider the claimant’s earnings for the period before their claim to be representative of their normal earnings, net earnings in each week is their gross income less
· income tax .
· primary Class 1 NI contributions

This shows that only my nett income should be counted as earnings, presumably because I have no choice but to pay this money to the inland revenue. I have no choice but to pay this money to the Official Receivers office. If I refused, I could be considered not to be cooperating with the trustee and have my discharge from bankruptcy suspended and be summonsed to court to have an Income payments order imposed upon me.
The legislation that compells me to give to the Official receiver the exact monies normally paid to the inland revenue lies within the enterprise act 2002.
The CPAG Welfare benefits handbook, as you will know is derived from social security regulations and relevant case law. Chapter 38, What counts as income for means tested benefits, states;
" Income will only count if it is paid to you for your own use, and will not count if you cannot prevent it being paid to a third party."
This clearly applies in my case. Further I quote the following;

Guide to housing and council tax benefit 2007. by Zebedee,Ward and Lister.
13.26 Income and capital. " The income tax payable on any type of income, even income not listed anywhere in this guide, is disregarded in the assessment of that income"

Employed earners 14.15 "If the claimants actual gross earnings were used, any income tax or class 1 national insurance contributions actually paid ( or made from them ) must be deducted from those earnings".

I also wish you to reconsider any decision for you to recover what you feel is an overpayment of housing benefit due to you counting gross earnings from employment rather than nett earnings.
I consider that any overpayment is due to official error, and that no relevant person caused the error to be made and that no relevant person could have reasonably expected that an overpayment was being made.
Further to that I would ask you to use the discretion you have not to recover an overpayment on the grounds it would cause severe hardship. Being an undischarged bankrupt leaves myself and my family in a vulnerable position. The reason I had to declare my own bankruptcy was due to overwhelming debt pressures, and yet I am being forced in to the same cycle once again. I am in a position that makes it impossible to borrow money to assist with the benefit that should be being applied to my tenancy. As a result this is putting my tenancy at risk.

Thank you for considering my appeal

Good luck,

DD;)

Chazpots

Thank you so much DD. You’ve clearly spent a lot of time on this, you’re very kind and I really do appreciate it.

I spoke to CLS today. After an initial (positive) conversation I was advised that I qualified for Legal Aid. Got put through to one of their specialists who promptly told me that they were ‘up to capacity and weren’t taking on any more cases’. I was told to go back to CAB and pursue what I had already started. When I explained that my local CAB had looked into it and basically given me all the advise they could…I was told to complain about them!!! Not comfortable with that. Besides, I’ve got 3 kids, have been struggling to sort out my appeal….now I’m supposed to have time to make complaints about the people I’ve asked to help! Nonsense.

To be honest, after constant brick walls, it’s the support I’ve received on here that has kept me going!

Mooloo - glad you read this thread too, get onto them!!!

Chazpots

Appeal letter finally done! Just off to hand deliver now! :j

Still no news from my MP or Mr Brown..guess they might be too busy out shopping for their £10,000 kitchens and £750 TV's! (sorry couldn't resist that)

Will keep you posted.

Chaz

debt_doctor

:rotfl: :rotfl: :rotfl:

Good luck with that and let us know how you get on - get a receipt for your appeal form !

DD