Oooops sorry lost connection mid post, then ended up posting twice.

edited > Double post

Thank you for your all your replies If I put my wage per month in to the calculator according to entitledto I should be entitled (although I know this not set in stone) to £84.40 per week of HB. however If I put my total annual wage into the calculator it says I should be entitled to £4,922.59 which is £94.41 per week. This illustrates what I am wondering. The difference being I think is the weekly wage calculation assumes I am getting that pay for 52 weeks of the year and therefore over estimates my income. I realise my daughters JSA effects decision but she has only just moved home this month. These fidures are for April 07- March 08. Yes, I am going to be contacting the HB dept tomorrow I just thought I'd get some opinions from the folks on here to.

Hello, I work at a pre-school we are closed for all LEA holidays and I do not get paid for them except for four weeks which are covered by set holiday pay paid from pre-school (i.e 1 week at Easter, 2 weeks before the big summer break and 1 week at Christmas). I work 3hrs a day, five days a week. My rent at this time was £98.95 per week. I live with my daughter who is 22 pregnant but getting JSA because she is looking for work untill the baby is born. Nov 2007 my HB payment was £395.40 per month which covered my rent all but a few pence. Then at the end of Nov I had a letter saying there had been an over payment which they intended to recover. The details of the letter are as follows. Housing Benefit 4 weeks at £3.96 per week = £15.84 5 weeks at £2.85 = £14.25 8 weeks at £14.11= £112.88 14 weeks at £22.20 = £310 Council tax benefit 3 weeks at 6 days at £3.66 per week = £4.70 5 weeks at 1 day at £0.88 = £4.52 8 weeks at £4.34 = £34.72 12 weeks at £6.83 = £81.96 My wage fluctuates each month depending on how many sessions/weeks fall into the month. When you work it weekly as they do, on paper it does look like I am over earning but I don't think it takes into account the 12 weeks I have without pay. For last year my wage was £4,185.00 ( I don't pay tax) if I divide this by 52 weeks of the year not the 40 weeks for which I'm paid, it for most months dramatically lowers my average wage. After disregard and Applicable rent is taken off and I'm still over by around £10 per week. Which is fine I don't have a problem paying something as long as the figure has been worked out fairly. I am right in thinking that the wage earned should be averaged out over the whole year (as it has to support me for the whole year). If the over payment stands can the council take it back so dramatically. Dec,Jan,Feb,Marchs HB payment dropped from £395.40 to £260.60. Anyone any idea from the info (sorry I know it's a bit garbled) if I have a case to argue they haven't calculated my HB right. Thanks

Thank you

Not sure if anyone out there can help but here goes. Last May my landlord managed to obtain a possession order (during a three month period when housing benefit had messed up and frozen my claim whilst they sorted it out). They paid no rent from Oct to Jan When it was all sorted out there was a shortfall the council said they were not liable for and I agreed to pay £20 per month in court to pay the £700 off (I have done this and have currently paid £240 off). I still don't think I was liable for it but had I challenged it again they would have frozen benefit again and I couldn't risk this. My question is Will the possession order always be there hanging over my head now or does it remain whilst the arrears are still there? Thanks

Hi again, thanks I will keep that in mind....I have to send them a building society cheque, so they don't have any worries about it not clearing because the money has already left my account. I am remaining vigilant and now thanks to the advice and information found here. I am more aware of my rights and what they can and can't do.

Thank you all for your continued support and information. Just as an update. As I said I had had a letter from B&S (post my conversation with council) detailing my installment plan. I sent first payment off earlier in the week and emailed B&S to say I'd sent payment by cheque and I'd kept a note of the cheque number and proof of postage incase of any problems with the mail Yesterday I had an email back confirming payment had been received and giving the next due date. So things seem to be going ok at the moment. Only got three more payments to make then.

Ahhh thank you

Ok bit of a update. I emailed the council over the weekend to ask if they would take the debt back, explained all the cirumstances that I wanted to avoid further intimidation and charges from the Bailiffs and would be better and quicker for council if I paid direct. Anyway Tuesday came and the council refused to take the debt back saying there would need to be special circumstances to do so and there are none. The upshot the conversation was me saying well as far as I was concerned I was keeping the agreement I'd made with the bailiffs back in December, they had no need to make two more visits. so I wouldn't be allowing them entry into my home if they should come back, or signing a walking possession order. I did ask them exactly how much the debt was when it went to B+S so I knew exactly how much I owed them. That's how it was left really and I was just resigning myself to four months of dodging the call, whilst I paid off the debt. Then had a letter today from B+S confirming installment plan and date to pay on. So as long as I'm a good girl and pay my installments on time (and believe me I shall be) hopefully all will go smoothly from now on. If I add what I've already paid them to the total of the installment plan confirmed today it adds up to the original debt......plus £43 which knowing what I know now, I have to say did make me smile a bit. Thank you all for your advice you were all a great help.

Sounds like the makings of a plan to me

I've only been here a short time but I could do Staffordshire police if you still need someone

Hello from me to I am very new joined Friday after a visit from bailiffs i already feel much calmer about the situation thanks to the people on these pages.

Thank you you've all been really helpful. I have contacted the council again to ask them to take it back. I haven't signed anything or even seen them.

Hi, Children are all grown up now. I am in reciept of housing benefit and council tax benefit. I work part time in a nursery but my wage varies from month to month because I don't get paid for LEA holiday, as we are closed. My difficulties have all come about because of a reduction in working hours and as a result of reviews of my benefit entitlement, they decided my benefit was over paid, re-adjust and round and round in circles we go. The two amounts mentioned above are the shortfalls from reviews. I am now digging my heels in and disputing my current review because I don't think they have taken into consideration that yes I may have earned more money some weeks during the time they are looking at but for seven weeks of the period in question I am earning nothing because of the school holidays. I am arguing that surely they should spread the money earned out over all the weeks in the period, to come up with the actual amount earned. They mess it up every time without fail. I am now in a position to look for more work so I can finally be free of their incompetence although this doesn't help at the moment. The other thing they do is freeze my benefit whilst they are sorting it out so then the landlord is breathing down my neck because he isn't getting his rent. (This time last it got as far as court landlord/me because the council were witholding over a thousand pound of rent, post a review. I managed to get it sorted, council paid and judge ruled that housing association should give me time to pay the amount the council said they were not liable for but that's another story). The council are currently stopping £40 a week from my H benefit to get back the overpayment (the one I have just disputed). Now the landlord is saying he wants all the money owing plus last two months HB payment shortfall (approx £950) in fourteen days or he will envoke the possession order they got when we went to court. (the judge said because of the type of lease I have and it was signed after 1985 when the law changed, his hands were tied and he had no option but award it)..never rains but it pours eh!!! No I haven't checked the baliffs certificate, how do I do that? Short of getting the council to admit they have made a mistake and I don't owe them the money (don't fancy my chances) then yes I am.