Bankruptcy Income Payment Order and loss of Housing Benefit

fedupwiththecouncil

Hi Chazpots, i agree with you that it's good that we are not alone, even though we shouldn't be having this problem. The council said that even though they thought it was unfair, the DWP stated to them that they must count this as income or it would be like they were helping us to pay for a loan (Not good enough in my mind)!! It took approx 8 weeks for the council to pass all the paperwork to the appeal's and another 4 weeks to get a date of the appeal. All this started at the end of November with an invoice from the council. I hope this get's resolved a.s.a.p. as i just want to get on now!! of course i will let you know how i get on, let me know if your stuck with anything and i will try and help if i can xx

Chazpots

Would imagine that if you're appeal is successful, it will bring about the change in the rules needed and maybe my appeal won't go ahead. Although I am looking forward to taking them on!!
Thanks for the offer of help, likewise, if I can help you in anyway let me know.. I'll PM you later...happy to forward a copy of my appeal letter onto you if it might help.

Has your OR been of any help? Mine has come up trumps with this.

Had a reply from Gordon Brown this morning. He's (or rather someone on his behalf) has written to DWP for an explanation. More than my MP did! Watch this space.

fedupwiththecouncil

I hope my appeal in successful as this would be a win for us all!!

My OR gave me a 2 month payment break to help us out, but that just went on living cost's and not for what we owed. No other help than that.

I did have a good discussion with National Debtline who were horrified when i told them!! they took the details away and gave them their (Special Unit)!! Came back with them saying that the findings were correct and that i should go back to the OR which i did and got those two months!!

How they can justify all this, god only knows!!!!!

fedupwiththecouncil

Appeal Day & I WON !!!!!!!!

Details are as follows: Please bare with me as it's quite long.

I was treated by the local Authority as having an increase in income because i was no longer paying income tax. This came about because i had been declared bankrupt on 20/06/07 and HMRC have an agreement with the insolvency Service to impose a nil tax band on the bankrupt, so that money can be paid to the trustees in Bankruptcy to help defray my debt to the creditors. The DWP advice is that it is not a proper use of Social Security payment to help a person pay their debts, but, obviously, HMRC, who should be similary under no obligation to help defray debts, take a different view.

The Tribunal, like the Local Authority, could find no clear advice in the Regulations to cover this situation, but did not accept that someone whose income had, in fact, not changed and who was also a declared bankrupt, should be treated as having an increase in income and thereby be plunged futher into indebtedness.

It is a basic tenet of English law that the legislation should not result in nonsensical situations (One Government Dept working against the other). In default of any more cogent provision, the Tribunal suggests that the Council should use its powers under Regulation 34 of the Housing Benefit Regulations to treat the situation as unchanged for 30 weeks. This will not allow them to recover any overpayment, since, in reality, there has been no overpayment.

Sorry that it was long but that is the actual wording from the Appeal....

I now have to wait for the Council to decide whether they will take this any further as it was agreed that this is a very grey area and it needs to be put thrashed out and put in the Regulations.

I hope that this helps everyone else in the same situation, go get em Chazpots!!!!!!!!!

scaredwitless32

WTG Fedup! So pleased for you and will give chazpots a bit of a lift no doubt.

Maybe you should re post your post in its own thread too, that way it will be easier to find later on, if someone needs clarification on this subject ?

Congrats again :T :beer:

fermi

fedupwiththecouncil wrote: »

Appeal Day & I WON !!!!!!!!

Superb news. :beer::j:j

For once common sense has won.

JCS1

That's brillant. A victory for common sense! :j :T

debt_doctor

Thats fantastic news ! :T :T :T :T :T Unless they sucessfully appeal ( which I doubt) then that will now become appeal caselaw and be reffered to in other cases.

Chazpots now wants to quote this to her council.

fedupwiththecouncil versus DWP finds in favour of the applicant ! Great news:beer: :j :beer:

DD

skylight

Excellent news! Common Sense has won through!

Well done.

betterlatethannever

:T Well done FUWC, good for you on fighting it..and even better, winning:beer: