Benefit change from JSA to ESA suspended Housing Benefit payments.

Sealmylips · 22 September 2012 at 9:31AM

We are a family with 2 children aged 3 and 8.

We relocated to a privately rented home almost 12 months ago and for 10 months we have been claiming JSA, HB and CT. My partner has several ill health problems and was told he must claim ESA as was to ill to find work.

Unfortunatley on top of other illnesses (chronic af, uncontrolled diabetes etc) he had been admitted to a Secure Mental Health unit and whilst in there we changed over to ESA.

This affected our HB and although we have visited their offices on several occasions they have now suspended our benefit, even though we have filled in the correct change of circumstances forms that they informed us would release the benefit to be paid.

The reason for this is that they request a letter from our landlord stating we are not in arrears (as they cancelled the payment that would usually be paid in the 10th of September, and therefore the next payment). Our rent is paid on the 3rd of the month and we have never missed a payment and we make the shortfall through our other benefits. We do not ahve a rent book and have to admit that we have rented privately for 13 years and never had one with any landlord.

We ahve explained that if we were to inform our landlord we are on benefits they would issue us with notice - as due to their experiences with previous tenants they would not accept people on benefits in their properties and it affects their insurance (they mentioned this a few months back whilst telling us about some probs they were having with another tenant and we kept schtum, not wanting to lose thier home!).

Last year myself and the children spent 4 months sleeping on someones sofa in their front room as we could not find a house, we had to relocate 2 hours away to get this house. And because of the housign situation we had last year (through no fault of our own) my daughter changed schools 3 times. That was extremely disrupting, but the councils where we were living (2 different ones we were listed with) could not re house us, and niether could any of the housing assoscations due to waiting lists.

My partner contacted the local council office yesterday and explained this to him and she sopke to him like an idiot because she was aware he is listed as havign Mental Health Problems (he isnt and idiot and her tone was condascendng and patronising and she was the Head of Finance Manager!!). He asked if he could arrange a meeting and bring along an advocate, who could explain our situation and the stress this sis causing and she laughed and just said, look get your partner to phone your landlord and they wont throw you out straight away anyway.

I know they cant throw us out straight away, i understand the legalities etc, as we've been there before, but we are trying to keep the roof over our head that we are paying for and are up to date with.

But nothing other than a letter from our landlord is good enough??? Surely, they can see past this and there is something else they can do? It is a simple benefit change afterall like they told us??? They have a box and section on the form asking if you want them to infrom your landlord and there is a reason behind this questions? ie - you do not want your landlord to know you are claiming benefits? (btw we have never claimed benefits before, and it's just so demoralising, we've both had good jobs, ran our own businesses, but illness has gotten in the way!)

Kind Regards

Gavin_C · 22 September 2012 at 10:15AM

Sealmylips wrote: »

We are a family with 2 children aged 3 and 8.

We relocated to a privately rented home almost 12 months ago and for 10 months we have been claiming JSA, HB and CT. My partner has several ill health problems and was told he must claim ESA as was to ill to find work.

Unfortunatley on top of other illnesses (chronic af, uncontrolled diabetes etc) he had been admitted to a Secure Mental Health unit and whilst in there we changed over to ESA.

This affected our HB and although we have visited their offices on several occasions they have now suspended our benefit, even though we have filled in the correct change of circumstances forms that they informed us would release the benefit to be paid.

The reason for this is that they request a letter from our landlord stating we are not in arrears (as they cancelled the payment that would usually be paid in the 10th of September, and therefore the next payment). Our rent is paid on the 3rd of the month and we have never missed a payment and we make the shortfall through our other benefits. We do not ahve a rent book and have to admit that we have rented privately for 13 years and never had one with any landlord.

We ahve explained that if we were to inform our landlord we are on benefits they would issue us with notice - as due to their experiences with previous tenants they would not accept people on benefits in their properties and it affects their insurance (they mentioned this a few months back whilst telling us about some probs they were having with another tenant and we kept schtum, not wanting to lose thier home!).

Last year myself and the children spent 4 months sleeping on someones sofa in their front room as we could not find a house, we had to relocate 2 hours away to get this house. And because of the housign situation we had last year (through no fault of our own) my daughter changed schools 3 times. That was extremely disrupting, but the councils where we were living (2 different ones we were listed with) could not re house us, and niether could any of the housing assoscations due to waiting lists.

My partner contacted the local council office yesterday and explained this to him and she sopke to him like an idiot because she was aware he is listed as havign Mental Health Problems (he isnt and idiot and her tone was condascendng and patronising and she was the Head of Finance Manager!!). He asked if he could arrange a meeting and bring along an advocate, who could explain our situation and the stress this sis causing and she laughed and just said, look get your partner to phone your landlord and they wont throw you out straight away anyway.

I know they cant throw us out straight away, i understand the legalities etc, as we've been there before, but we are trying to keep the roof over our head that we are paying for and are up to date with.

But nothing other than a letter from our landlord is good enough??? Surely, they can see past this and there is something else they can do? It is a simple benefit change afterall like they told us??? They have a box and section on the form asking if you want them to infrom your landlord and there is a reason behind this questions? ie - you do not want your landlord to know you are claiming benefits? (btw we have never claimed benefits before, and it's just so demoralising, we've both had good jobs, ran our own businesses, but illness has gotten in the way!)

Kind Regards

I'm sorry to hear of the struggles you are having.

With regards to your tenancy, you say you understand the legalities of how you may be evicted.
So I'll keep it brief.
I assume you have an ASTA (as this is the most common kind of tenancy agreement issued by private landlords)
If you fail to pay your rent in full and on time, the landlord may start actions against you, the legalities of which I am sure you are aware.

Your tenancy agreement will have a minimum initial period. Typically this is usually between 6-12 months.
After this period, you could be asked to leave (again subject to the legalities I am sure you are aware of) even for no reason.

If, as you say, you have paid the rent in full and on time for the past 12 months, (the last 10 of which you say you have been on HB) then it would, in my opinion, be quite a foolish landlord that evicts what appears on the face of things to be a very good and reliable tenant.

helpfulperson · 22 September 2012 at 3:54PM

Have a look at the information on the Citizens Advice self help web site on Renting http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e.htm

You could do worse that getting help from you local Citizens Advice Bureau (see http://www.citizensadvice.org.uk/index/getadvice.htm) or from Shelter (see http://england.shelter.org.uk/) Both these organisations can give you accurate advice and information on where you stand and help you if you are threatened with homelessness.

CAB_Wyre_Forest_representative · 24 September 2012 at 3:18PM

Sealmylips wrote: »

We are a family with 2 children aged 3 and 8.

We relocated to a privately rented home almost 12 months ago and for 10 months we have been claiming JSA, HB and CT. My partner has several ill health problems and was told he must claim ESA as was to ill to find work.

Unfortunatley on top of other illnesses (chronic af, uncontrolled diabetes etc) he had been admitted to a Secure Mental Health unit and whilst in there we changed over to ESA.

This affected our HB and although we have visited their offices on several occasions they have now suspended our benefit, even though we have filled in the correct change of circumstances forms that they informed us would release the benefit to be paid.

The reason for this is that they request a letter from our landlord stating we are not in arrears (as they cancelled the payment that would usually be paid in the 10th of September, and therefore the next payment). Our rent is paid on the 3rd of the month and we have never missed a payment and we make the shortfall through our other benefits. We do not ahve a rent book and have to admit that we have rented privately for 13 years and never had one with any landlord.

We ahve explained that if we were to inform our landlord we are on benefits they would issue us with notice - as due to their experiences with previous tenants they would not accept people on benefits in their properties and it affects their insurance (they mentioned this a few months back whilst telling us about some probs they were having with another tenant and we kept schtum, not wanting to lose thier home!).

Last year myself and the children spent 4 months sleeping on someones sofa in their front room as we could not find a house, we had to relocate 2 hours away to get this house. And because of the housign situation we had last year (through no fault of our own) my daughter changed schools 3 times. That was extremely disrupting, but the councils where we were living (2 different ones we were listed with) could not re house us, and niether could any of the housing assoscations due to waiting lists.

My partner contacted the local council office yesterday and explained this to him and she sopke to him like an idiot because she was aware he is listed as havign Mental Health Problems (he isnt and idiot and her tone was condascendng and patronising and she was the Head of Finance Manager!!). He asked if he could arrange a meeting and bring along an advocate, who could explain our situation and the stress this sis causing and she laughed and just said, look get your partner to phone your landlord and they wont throw you out straight away anyway.

I know they cant throw us out straight away, i understand the legalities etc, as we've been there before, but we are trying to keep the roof over our head that we are paying for and are up to date with.

But nothing other than a letter from our landlord is good enough??? Surely, they can see past this and there is something else they can do? It is a simple benefit change afterall like they told us??? They have a box and section on the form asking if you want them to infrom your landlord and there is a reason behind this questions? ie - you do not want your landlord to know you are claiming benefits? (btw we have never claimed benefits before, and it's just so demoralising, we've both had good jobs, ran our own businesses, but illness has gotten in the way!)

Kind Regards

You could consider visiting your local Citizens Advice Bureau or calling the Advice Line.

for Wales call 08444 77 20 20
for England call 08444 111 444 or check your local bureau's contact details via the search box below
TextRelay users should call 08444 111 445

Regarding the way you have been treated at your local council office, here is some information about making a complaint -
Complaints about local authority benefit administration.

If you wish to complain about how the local authority has dealt with your benefit claim, whether this is an initial decision or a reconsideration, you can use the local authority's complaints procedure. If you are still not satisfied, you can complain to the Local Government Ombudsman (in Wales, the Public Services Ombudsman for Wales, in Scotland, the Scottish Public Services Ombudsman or in N. Ireland, the Northern Ireland Ombudsman).

enabledebra · 24 September 2012 at 11:35PM

This is a shocking way for the council to behave. Local Housing Allowance is paid to the tenant rather than the landlord except in certain circumstances. This is the guidance to councils about when to consider making payments directly to a landlord rather than to a tenant:

http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf see page 38 onwards.

It sounds like they are making unfounded assumptions about your partner on the basis of his disability, if they won't budge I would consider telling the council in no uncertain terms that you consider they are discriminating against him due to his disability and consider talking to this organisation http://www.dls.org.uk/Advice/Index.html to back you up.

Benefit change from JSA to ESA suspended Housing Benefit payments.

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