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  • FIRST POST
    shazm.69
    Housing benefit suspended
    • #1
    • 2nd Dec 12, 10:02 AM
    Housing benefit suspended 2nd Dec 12 at 10:02 AM
    2 weeks ago my daughter her partner and their 2 children moved into my home after losing their home in spain. I told the HB office straight away they just said thats fine just bring in their details. 2 days later i had a letter saying my housing benefit was suspended. I panicked as i was due a payment the next day. I rang them and they said they needed proof that my daughter and her spanish partner were not employed.
    My daughter has since made a claim for income support so we have to wait for the offer letter before going back to the council. Her partner is not working here yet as he hasnt even got a national insurance number.
    This is really stressing me out on top of having a family of 4 living in my living room with absolutely no money. It feels like im getting penalised for being honest i wish i had waited 2 days now until after my payment was made. I have been told by the council not to worry it will be backdated but im worried it wont be and dont know how long it will take. This has come at the wrong side of christmas. I have even booked an appointment to see a doctor as i cannot cope with it all. I have 3 other children that also live with me and a 6 yr old that is so excited for christmas i cant tell her Santa has no money.
    I just need some advice on how long it will take for the suspension to be lifted and if it will be backdated please.
Page 1
    • Voyager2002
    • By Voyager2002 2nd Dec 12, 10:17 AM
    • 13,086 Posts
    • 8,998 Thanks
    Voyager2002
    • #2
    • 2nd Dec 12, 10:17 AM
    • #2
    • 2nd Dec 12, 10:17 AM
    Note that her husband is allowed to seek work and to start work if he finds it (Spanish national). His NI number could be sorted out later, although until that happened larger than normal tax deductions would be taken from his wages.

    Two suggestions: 1. ask your daughter's family to register as homeless with your local council on Monday morning. Firstly this would give them a chance of being offered more suitable accommodation; it would also confirm to Housing Benefit that they have not joined your household and ease your own problems; 2. contact one of your elected councillors and ask them to take up the case. Say that you are suffering severe hardship and point out that even people on benefit are allowed to have family come to stay with them for two weeks.

    Oh: the Housing Benefit people asked for proof that your "guests" are not working, not for proof that they are receiving benefit. Get them to write and sign letters to confirm that they are not working and have no income.
  • Dunroamin
    • #3
    • 2nd Dec 12, 10:26 AM
    • #3
    • 2nd Dec 12, 10:26 AM
    2 weeks ago my daughter her partner and their 2 children moved into my home after losing their home in spain. I told the HB office straight away they just said thats fine just bring in their details. 2 days later i had a letter saying my housing benefit was suspended. I panicked as i was due a payment the next day. I rang them and they said they needed proof that my daughter and her spanish partner were not employed.
    My daughter has since made a claim for income support so we have to wait for the offer letter before going back to the council. Her partner is not working here yet as he hasnt even got a national insurance number.
    This is really stressing me out on top of having a family of 4 living in my living room with absolutely no money. It feels like im getting penalised for being honest i wish i had waited 2 days now until after my payment was made. I have been told by the council not to worry it will be backdated but im worried it wont be and dont know how long it will take. This has come at the wrong side of christmas. I have even booked an appointment to see a doctor as i cannot cope with it all.
    I just need some advice on how long it will take for the suspension to be lifted and if it will be backdated please.
    Originally posted by shazm.69
    On what grounds is your daughter claiming income support?

    Have either of them applied for JSA?

    Have you looked at whether they would pass the habitual residence test?
  • shazm.69
    • #4
    • 2nd Dec 12, 11:34 AM
    • #4
    • 2nd Dec 12, 11:34 AM
    She had an appointment at the job centre and they said she should claim income support as he has no ni number and she has 2 children under 3.
    Her partner is willing and able to work asap.
    She has applied for HB and i have to write a letter to say im evicting them. Although i could never do that.
    I just need to know how long it will take and if it will be backdated????
    • elmer
    • By elmer 2nd Dec 12, 4:56 PM
    • 824 Posts
    • 1,439 Thanks
    elmer
    • #5
    • 2nd Dec 12, 4:56 PM
    • #5
    • 2nd Dec 12, 4:56 PM
    It will be backdated, and as for how long it will take, phone and ask the council how long they are currently taking to work on Changes of circumstances claims.

    My council is currently six weeks due to the volume of work coming in at the moment, but each council will be different depending on the work outstanding.

    elmer
  • Mr Pitiful
    • #6
    • 2nd Dec 12, 7:56 PM
    • #6
    • 2nd Dec 12, 7:56 PM
    She has applied for HB and i have to write a letter to say im evicting them. Although i could never do that.
    Originally posted by shazm.69
    What property has she applied for HB for?

    Also, no letter from you stating that they are going to be evicted is necessary, they have no legal right to stay in the property and you can exclude them whenever you want. What they will be interested in is what caused them to lose their home in Spain.
  • shazm.69
    • #7
    • 2nd Dec 12, 8:41 PM
    • #7
    • 2nd Dec 12, 8:41 PM
    Her partner lost his job. They were living with his family when they found out he lost his job they told them to leave. Also my daughter is only 20 and she wanted to come home when we did but couldnt as she had spanish children and he didnt want to come. When they lost their home she persuaded him to come home to the uk with her. He wants to work so its not like hes here to sponge from the government. Thanks for the helpful advice i will just keep praying everything works out. Im just terrified that they might get sent back to spain or something. I feel so sorry for them they are like little lost sheep.
    • electic
    • By electic 2nd Dec 12, 9:02 PM
    • 40 Posts
    • 46 Thanks
    electic
    • #8
    • 2nd Dec 12, 9:02 PM
    • #8
    • 2nd Dec 12, 9:02 PM
    Well, firstly, they won't get sent back to Spain - both your daughter and her husband have the right to live in the UK.

    The Housing Benefit will get reinstated, but it is possible that there will be an amount deducted from it because your daughter and her partner are living there. This is called a 'non-dependent deduction.' If your daughter is awarded Income Support (or income-based Jobseekers' Allowance) then there will be no non-dependent deduction for your daughter (not sure about the partner - will carry on researching).

    I can't quite see why she has been advised to claim Income Support. Only certain groups of people are entitled to claim this, and by the looks of it she has been advised to claim as a lone parent. However, she isn't a lone parent as she lives with her partner, so unless there is something I have missed she wouldn't be entitled to claim this.

    Even if she is considered a lone parent (or in one of the other groups of people who can claim IS), she won't be awarded benefits unless she passes the 'habitual residence test.' Can't post links, but google 'turn2us habitual residence test.'

    As for the housing situation - they can apply to the council as homeless, but one of the tests for being given housing is that they must not be 'intentionally homeless' from their last settled accommodation - the house in Spain. If they were evicted due to rent arrears, it is possible that the council would refuse to accommodate them, although this could be challenged.
    • electic
    • By electic 2nd Dec 12, 9:13 PM
    • 40 Posts
    • 46 Thanks
    electic
    • #9
    • 2nd Dec 12, 9:13 PM
    • #9
    • 2nd Dec 12, 9:13 PM
    Okay, my understanding is that there wouldn't be a non-dependent deduction for your daughter's partner either, as long as she is awarded a means-tested benefit such as IS or income-based JSA. I will try to check that at work tomorrow (I work in a legal advice centre) and get back to you.

    If you're struggling to get by, have you thought about looking to see if there is a local Foodbank that might be able to help with food?

    Actually, I just re-read your previous posts - if they were just staying with family in Spain, this wouldn't be considered 'settled' accommodation, so you'd have to consider the circumstances from whichever was their last 'settled' property.

    I know we're talking about things that aren't directly related to your original q, but these are important too.
  • shazm.69
    Thank you so much for your advice.
    They went to stay with his family after i had to return to the uk last year. My husband left me and my other 3 children. My eldest already had a daughter with her spanish partner and they lived with me. She couldnt come with us as he didnt want to at the time it broke my heart to leave her as she was only 19. Everything was fine until i lost my job. My husband made me sell the house as it was mortgaged we came away from spain with nothing. I thought it would be so easy to find work here but alot has changed since i left.
    Thanks again
    • electic
    • By electic 3rd Dec 12, 10:25 AM
    • 40 Posts
    • 46 Thanks
    electic
    It's obviously a difficult time for you all at the moment, but I think it will get better soon. Even if they are not currently awarded benefits due to the habitual residence test, this is a short-term issue.

    I just checked and there is only one non-dependent deduction for a couple, so if one partner is receiving IS or income-based JSA there will be no deduction for the other person.

    If they are not currently awarded benefits, and their income is no more than £124 per week, the non-dependent deduction will be £11.45 per week. So, less Housing Benefit for you, but not as bad as a complete suspension!

    I suggest they make a joint claim for income-based JSA (unless they are eligible for Income Support or Employment Support Allowance). They may not be awarded it at the moment, but this will depend on how long they have been in the UK and demonstrating an intention to settle in the UK (e.g. enrolling the children in schools, looking for housing).

    All the best!
  • CAB Wyre Forest representative
    2 weeks ago my daughter her partner and their 2 children moved into my home after losing their home in spain. I told the HB office straight away they just said thats fine just bring in their details. 2 days later i had a letter saying my housing benefit was suspended. I panicked as i was due a payment the next day. I rang them and they said they needed proof that my daughter and her spanish partner were not employed.
    My daughter has since made a claim for income support so we have to wait for the offer letter before going back to the council. Her partner is not working here yet as he hasnt even got a national insurance number.
    This is really stressing me out on top of having a family of 4 living in my living room with absolutely no money. It feels like im getting penalised for being honest i wish i had waited 2 days now until after my payment was made. I have been told by the council not to worry it will be backdated but im worried it wont be and dont know how long it will take. This has come at the wrong side of christmas. I have even booked an appointment to see a doctor as i cannot cope with it all. I have 3 other children that also live with me and a 6 yr old that is so excited for christmas i cant tell her Santa has no money.
    I just need some advice on how long it will take for the suspension to be lifted and if it will be backdated please.
    Originally posted by shazm.69
    Hi
    Non dependant deductions apply when a non dependant adult is living with you. There is obviously a fine line between a short term guest and somebody "normally" living with you. If you don't agree with the council's interpretation then I suggest you go to your local CAB bureau for help on this.
    Once you have been able to prove your daughter and partner's income (or lack of it), any determination will be backdated. There's no simple answer to how long this takes - you can only ask your council. If you are in severe financial difficulty, one way forward could be to apply to the Social Fund for a crisis loan - you can apply through www.direct.gov.uk
    As your daughter is under 25, then no non dependant deduction would apply to her if she is awarded IS. If her partner is over 25 though, he may well attract the lowest level deduction which is currently £11.45 pw
    Hope this all helps
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • shazm.69
    Thank you all for your very helpful advice
  • shazm.69
    Things are going wrong again. My daughter had a phone call today saying she cannot claim income support as she has a partner. When she was advised at the job centre to claim this. She will now have to wait another 14 working days for this. She has absolutely no money now and neither do i. Im at my wits end as my housing benefit wont be sorted as we have to wait for her js offer. It doesnt make sense as soon they will have 2 homeless families. And me letting them stay with me is saving them money as they havent got to provide emergency shelter for them. This has all happened at the wrong side of christmas. My other children are suffering because of all this. I cry when i watch my 6 yr old writing her letters to santa bless her.
  • CAB Wyre Forest representative
    Things are going wrong again. My daughter had a phone call today saying she cannot claim income support as she has a partner. When she was advised at the job centre to claim this. She will now have to wait another 14 working days for this. She has absolutely no money now and neither do i. Im at my wits end as my housing benefit wont be sorted as we have to wait for her js offer. It doesnt make sense as soon they will have 2 homeless families. And me letting them stay with me is saving them money as they havent got to provide emergency shelter for them. This has all happened at the wrong side of christmas. My other children are suffering because of all this. I cry when i watch my 6 yr old writing her letters to santa bless her.
    Originally posted by shazm.69
    Dear shazm
    I would advise you to contact your local CAB (you can get their details off www.citizensadvice.org,uk) -they should be able to give you advice and support by understanding the details of your problem better than can be done over the internet. Also they may well be able to put you in touch with local charities who could help make Christmas a little easier. Good luck.
    Last edited by CAB Wyre Forest representative; 05-12-2012 at 8:57 AM. Reason: incorrect internet URL - should be www.citizensadvice.org.uk
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • shazm.69
    Everythings fine now they sorted it out quickly. And such lovely people in the offices too.
    Thanks for all the advice.
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