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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
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Help please housing benefit


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i cant afford professional help or i defiantly would. believe me its not about the money its about injustice and people just accepting what they say. there is no difference between LA and cabot. yet people fight cabot and not LA and DFWP

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OK slow down, so they overpaid you by a couple of hundred pounds yes?

 

And now they're saying you owe them thousands yes?

 

Can you prove that you have repaid the overpayment?

 

Can you prove that the overpayment was only a couple of hundred, rather than thousands of pounds?

 

How far have you got in terms of the LA's complaints procedure?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sorry. im waiting for the wftc forms from my ex partner so will have some definite figures soon.

 

the wftc was overpaid by a couple of hundred pounds and they demanded 2k. i have a letter from them saying i have paid it back.

 

the la are saying because i was not entitled to wftc that i was also not entitled to hb yet still kept the wftc amount on the claim.

 

this is from 2014 2015 so not easy to remember. didn't here anything from them for well over a year.

have sent them an email saying i will not exept that this is the end of the matter and wish to take it to a higher leval.

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OK, so you've repaid the WFTC and have proof good.

 

So now they're saying that you weren't entitled to HB and are claiming that back?

 

Are you employed?

 

You can go to your MP's surgery and have them look into it for you.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yes repaid the wftc

 

 

yes the la are trying to claim the housing benefit back

 

 

i am employed ironically by the la somerset county council

 

 

the local mp has a sugary on friday mornings will try and go next week

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Ok, a couple of questions.

1, what period is the overpayment for?

2, have you requested a statement if reasons?

3, you accept that you have been overpaid a small amount. What is that overpayment for?

4, you mentoin an ex? Was it a joint TC claim?

5, why were your tax credits over paid?

6, are you familiar with the phrase "late beneficial change"?

 

When I say professional help I mean the likes of CAB etc?

Please do not ask me for advice via PM as I will not reply.

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i cant afford professional help or i defiantly would. believe me its not about the money its about injustice and people just accepting what they say. there is no difference between LA and cabot. yet people fight cabot and not LA and DFWP

 

I think it is about the money...

Please do not ask me for advice via PM as I will not reply.

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1. 2014 2015

 

2 should get the wftc paperwork today

 

3. yes i accept i have been overpaid wftc

 

4. it was a joint claim but they are not pursuing her . maybe because she is still on benefits

 

5. they say i earned to much

 

6. not a clue what that is

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So did you tell the council when your circumstances changed and you were no longer entitled to WTC- there would have been a change which caused you to be no longer entitled to WTC.

 

As I and others have said the law (in this case the Housing Benefit Regulations) says that they can do this. They are saying that at the time you were paid those tax credits therefore at the time this is how much we should have paid you. As I explained to you, if you had been underpaid tax credits it would have worked the other way and you would have gained. The circular is issued by the DWP (councils admininster HB on behalf of LA's) and is a clarification of how that law should be applied.

 

To have any chance of succeeding your appeal needs to be more than "it's not fair", it needs to be a reasoned argument. To that end you need to approach welfare rights for help. They may well tell you the law has been correctly applied (which from the information you have supplied sounds as if it has) or they may take an appeal on your behalf.

 

Remember - some folks benefit hugely from this reg (underpaid tax credits as a lump sum would be treated as capital so unless they had other savings make no change).

 

My advice stands - take all the documents to welfare rights and ask someone with knowledge of the system to look at them and assist you with an appeal if they think it is appropriate.

Please do not ask me for advice via PM as I will not reply.

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