Council tax/Housing Benifit DLA claim

[JonniBravo]

Back in 1985 My father in law was registered DLA. He had many visits from the Benefit office and each time they took his son and daughters wage slips and worked out there benefit from there.

Recently they came and visited and when presented with wage slips for his daughter they said we dont need these because you are on DLA and we dont take into account other family members wages In fact she stated that in her opinion and this was off the record they had been working out his benefits incorrectly from the start and that he should have recieved benefit regardless of his childrens income.

My father in law believes that his childrens income was taken into account on previous claims because he was only recieving around £4 rebate a month and they had told him that his children's income were too much for him to get anymore benefit.

How long should the benifits office keep records for and how far can they go back?

Does anyone know anything about DLA and housing/council tax benefit that could be of use?

[Joa]

To try to assess amount of DLA payments on income of your father in law would be such a grave, enormous mistake that I simply cannot imagine happening. Even trainee would know that DLA is not income assessed. Your father in law must have been in receipt of another benefit. It is clear to me when you say that he was "receiving around £4 rebate a month"- that he was either getting housing benefit or council tax benefit or some other income-assessed benefit. What also puzzles me is that his adult child's income was taken into consideration. This just does not make sense at all.
You need to clarify things; look through the papers, ask questions.

[JonniBravo]

He is telling me that he was on reciept of DLA and Incapacity benefit and that is all. He was recieving a little benefit from on both Tax and Rent.

Assuming this information is correct what would the step be?

Should I be requesting subject access?

How long do the the benefits have to hold you information before it is destroyed?


Many Thanks in advance.

[JonniBravo]

It turns out there is to be an investigation into this, The benefits office have confirmed they had made errors with his benefit and have admitted that they owe him money.

[Joa]

Wow, great outcome. Don't let the to investigate too long though, will you?
Well done!