Bankruptcy Income Payment Order and loss of Housing Benefit

Chazpots

Fantastic news!!! Well done FUWC. Was thinking about you all day!!! :beer:

Lets hope this stops it happening to anyone else eh? We can live in hope...I will get in touch with the council and give them the good news..Not sure how it will affect my case but just can't resist letting them know.

Really really chuffed for you :j.

Chazpots xxxxxxx

tigerfeet2006

Way to go Fedup :T . That's fantastic news. Bet that has made your day.

Hopefully this will help Chazpots and anyone else with the same problem.

fedupwiththecouncil

Thanks everyone, it was a hard battle but it's done now, just one thing, could Debt Doctor please check those quotes from from the CPAG and other books as they were not found during the appeal, they did state one for self employed people but not for normal employee.

Thanks again guys & gals:j :beer: :j :rotfl: :rotfl: :rotfl:

Chazpots

Bloomin cheek of the council!!
Despite my pending appeal..they still took it upon themselves to send an invoice for the £1500 we "owe" them and gave 14 days to pay. Just as well I know that ther're not actually allowed to do that! They will try their luck eh??

betterlatethannever

..but imagine how you would be feeling if you didn't know they couldn't do that:eek:
They really are a bunch of shysters:mad:

fedupwiththecouncil

Hello all,

Just to let you all know that after two weeks of hearing nothing from the council, i deceided to give them a call.

And

They are seeking legal advice!!!!! and taking the matter further!!!!!

Great, Just Great !!!!!

Chazpots, any news on your end?

Chazpots

Hi FUWC,

I'm so shocked that they are taking this further!!

When I told my friend (the one that works in HB Overpayments) about your successful appeal she said that she can't think of a single case where (her office) has appealed against a TAS decision. It's too costly, long winded and the decision would have to be ludicrous and the amounts of money involved huge.

She did however say that the Reg 34 could be used but what if the alledged overpayment was for more than 30 weeks? It still does miss the point that income hasn't changed! Sorry I'm ranting again!

As far as my own appeal is concerned...I have not heard a peep! Not even an acknowledgement. Pretty poor show, but used to that now. Shouldn't I have had something by now...it's over a month??

tigerfeet2006

All the best with this both of you. I hope it gets resolved for you both very soon.

fedupwiththecouncil

Well, one month after the original decision, and after the council taking legal advice i have finally been told that i have won my case!!!

During my final call with them this morning i asked why this had taken so long and i was advised that due to a second case like mine they had decided not to take this any further.

I am however, unable to receive any backdated benefits as they now recon that i am earning over the threshold to receive this benefit (Which i'm sure i'm not and i will dig further).

This is a good outcome for us all, would like to know how chazpots get's on.

Thanks to you all for the advice and i will keep in touch....

Chazpots

Thats great news FUWC.

It's now 7 weeks since I appealed, have heard nothing so decided to give the council a call. Nothing has happened on my case as the benefits manager is of sick, has been for some time and they don't know how long for!!! So I'm left waiting...

Had a letter from DWP Ministerial Correspondence Unit today. Basically saying that the Govt have no plans to change the existing rules.

"...whilst I appreciate your concerns, it must be born in mind that if such a disregard were to be made in bankruptcy cases, taxpayers would in effect be helping claiments to pay the debts which are their own responsibility. This would be unfair to those on low incomes but with no entitlement to income related benefits."

Soooo cross :mad:

If my OH was self-employed this wouldn't of happened. What happened to treating all taxpayers equally.

What now!?!?!?