Hi Looking for some advice please. I was unemployed in April/May 2015 and whilst getting JSA applied for council tax benefit. When I received the full bill, I wrote to said council to tell them there should be reduction for that period as I was receiving JSA. The reply "With regards to 2015/16 bill, you have not been granted any council tax benefits, therefore, you are liable to pay full council tax as per the bill you received. Please pay the outstanding instalments by return". They granted benefits in the past so how do I take this forward? I was not earning whilst unemployed yet they are not going to grant any benefit whatsoever. Should I escalate the complaint? Many thanks in advance.

A group of disabled people is taking the government to the High Court over delays in benefit payments. Thousands have been waiting more than a year for their Personal Independence Payments, a new benefit which replaces Disability Living Allowance in some areas of the UK. Disabled people have been forced to turn to loan sharks and food banks because of the “unlawfully long time” taken to provide them with vital welfare benefits. Two test case claimants are asking the court to declare that the Work and Pensions Secretary Iain Duncan Smith has breached his common law and human rights duties to make payments within a reasonable time. http://www.bbc.co.uk/news/uk-32738655

Hi all, Please go gently on me I am new to benefits and now find myself in a very unfortunate position with no one to turn to. I will try not to waffle but some background may help. Please do read this even though it’s long as I really do need some help, desperately. I’m male mid 40s and have held down well paid high pressure employment all of my life. Over the past 6-7 years I have had several mental struggles. I tried a sabbatical of three months Dec 2013 - Mar 2014 and took off traveling. This was without claiming any benefits. I returned in early March 2014 to full time employment and it soon became clear to friends and family I was not well. I have only recently realised the magnitude of this. I was drinking heavily and during a moment of madness (totally out of character) was arrested for drunk driving! This cost me my job, home and everything. Whilst I have much remorse for this episode I actually believe it was a blessing in disguise. Fast forward to several doctors and DWP interviews and I am now on a waiting list for counselling. My mood is generally pretty down and I am a shadow of my former extrovert self. I suffer depression, anxiety and fear strangers. Sleep is not good and I lack any motivation. I am the person I would have always said pull yourself together to, however I just can’t seem to… Before my breakdown and loss of employment I had a friend (female) who was buying a flat in South Wales. She had suggested I rent from her, as it was more affordable than where I was currently renting and would also cut down on much of my driving, and associated stress. This I agreed. She (unknown to me at the time) was also concerned for my wellbeing. I moved into the flat and she would stay over the odd night. The rest of the time she was off doing her own thing. I paid a month and a bit up front, however she did not require a deposit. We did not have a formal rent agreement in place at the start. All utilities inc. council tax were in her name, and I paid a fixed monthly all inclusive rent. This was fine for the first few weeks, then everything went horribly wrong for me, and thus my landlady. Cut a long story short I received dual occupancy HB, and no help regarding CT. This was because I explained at my initial HB meeting the landlady was a personal friend, and occasionally stayed over. It is a one bedroom flat and she would sleep on the sofa. The council then hit her with a backdated demand for CT from the date I moved in saying we both lived there! This she paid as her protests fell on deaf ears. I also receive ESA plus PIP enhanced care, no mobility. My friend the landlady has also become my carer and honestly without her help I would be lost I feel unable to go anywhere without her present. She does not receive money for this as her earnings are too high, something like anything over £105 a week? She does however offer me incredible support.. This may seem a dramatic thing to say but honestly without her I am not sure I would still be here. My landlady was investigated on a totally separate issue by trading standard sometime before Christmas 2014. Her laptop was taken and whilst there was no case for her to answer the officers had seen some emails between us regarding a very unfortunate event which happened before I moved into the property. They added 2 + 2 and came up with something well over 90 and decided my claim for HB was fraudulent as they believed (very wrongly) we were in a relationship! They also had copies of texts we have sent eachother and we often sign off love you or such but I used to do that with my rugby mates it’s simply an expression. The council interviewed my landlady but not me as they would not allow her present for support in my interview and did not arrange anyone else. My current situation which has been since Dec 2014 and the council are fully aware of is I live in the flat and my landlady and friend is my carer. She is here now 2-3 nights a week as she looks after me. However they stopped all my HB about three months ago and when I asked for a statement of reason they say it is non-commercial. We did however draw up and sign a rental agreement, however they said they did not need to see it at the begining, and have not asked to see it since. They also sent me conflicting letters as to why! They also say my landlady said we were in a relationship when they interviewed her, this she absolutely did not! There is a huge age gap and she wants marriage kids etc. I can’t have more children (I have one) and as for marriage, never again. Apparently as of 1st June 2015 my ‘case’ has moved from the council to the DWP, and I have heard nothing. I feel incredibly guilty for my landlady as she is in an impossible position. I feel the only hope is for her to make me homeless and then seek help elsewhere, however I am afraid of losing her much needed support. I have done a lot of research and even as joint occupancy, in our particular circumstances I believe we should only pay 50% CT as I am classed disabled and she is my carer. I believe the council have a legal duty to engage with people with protected characteristics under the Equality Act 2010, identified as being relevant to the policy? This would include in my particular case a person who has a mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. You can get a 50% discount off your bill if you and all the other occupiers are disregarded. For a full list, see the Disability Rights Handbook. Those who are disregarded include people who are considered to be ‘severely mentally impaired’ and carers. My biggest concern however is HB, as without it I lose any hope I have of rebuilding in the future. Please could someone offer me some advice in this matter as to say I am going out of my mind would be an understatement. I just want to put this whole thing behind me and get on with sorting my life, however I simply cannot. There is no contact from council or DWP and I am left in limbo not knowing if/when this will be resolved. In addition my landlady has bills which I am concerned for, however she is also very sympathetic, and as such I am not sure she would say I have to leave. Perhaps I should just sleep downstairs in the lobby and have her phone the council? The really stupid thing is they would most likely pay full HB and help with CT if I rented from another person. This seems contradictory to both my care needs and their (plus you’re the tax payers) best financial interest! I hope the above makes some sense, really hope someone can help. Thank you.

Hi all, I am looking for a bit of advice. I have worked for the same company for 27 years but due to ill health I have been unable to work for the last year and it is unlikely that I will be able to work in the forseable future. My employers have paid me for the last 12 months but now my sick pay has expired. I have no financial capital and am using last years annual leave to keep me going. I dont know what to do and am looking for a bit of advice. My partner used to claim ESA but we stopped that when we moved in together due to my income. Now my income has effectively stopped, what can I do to get help to pay my rent etc ???? If it helps, my illness is a mental illness Any help would be appreciated or if you specialise in this area, i would be happy to give more specific details by private message

Hi, In 2009 my JSA (income based) stopped & so did my H/B & CT/B and I then received H/B etc through my applicable amount after filling in a 'Review' form from the LA. 5mths later I qualified for JSA again & I again received H/B CT/B through my passported benefit. Would I at the time have had to filled in a new application form for H/B ie HCTB1 or a Rapid Reclaim form (if in time) HBRR1 please? Thank you.

Hi, I'm a little confused about the "disability premium" which I asked the council about. I've seen it mentioned before and they seem to keep fobbing it off. The local Housing Allowance in the area is £450 per month (£103 / week), and they're paying £110 towards my rent. They seem to think that it's worked in with my Housing Benefits, but looking at the breakdown I don't see any mention of it. In the HB breakdown, the worked it out as: £90.08 used as my income (after DLA being disregarded and a bit of my Tax Credits disregarded too). They said in their letter (Entitlements Letter) that, the law says that I need to live on "£165.35" per week and as they word it: Income used in this calculation: 90.08 Less how much the law says you need to live on: £165.35 Where exactly do I find the "exact" value out, as they don't seem to be able to point me in the direction to where I can find it. Scouting around on the web, I notice that pretty much most councils have Disability Premium listed on their pages, but not mine... Any idea as to how I should approach this? Cheers, A

In July 2009 I was interviewed under caution for benefit fraud 2006-2008. I was divorced finally in July 2006. September 2009, the local Magistrate pinged the case to the regional magistrate. October 2009, the regional magistrate dismissed the case. April 2010, the County Court Judge said: "Not Guilty of any benefit fraud" November 2011, the DWP Debt Collection wrote to me to claim the amount of the benefit fraud. November 2011, my solicitor wrote to the DWP, you have waited nineteen months before raising the matter again and the fraims guidelines are for eighteen months. The reply then was, civil and criminal are different. I am now waiting May 2015, for my Tier 2 letter stating "Final Written Response" having gone through Tier 1 in the last couple of months as according to the DWP no complaint had ever been lodged. ( I think my solicitor's letter in 2011 rather implies otherwise ) The Independent Case Examiner wants this DWP letter as well. As I understand it the DWP are arguing a "Not Guilty" at a Criminal Hearing does not also cover the civil side of things. Well maybe, and hence my post, but the thing is, according to my bank statements Jan 2006 to April 2006 there are no payments of Income Support as alleged. The assertion from the DWP is I had over £16,000 in savings and not entitled to any benefits. The money in the account was put there by my now late uncle and my now late father for the purposes of a property conversion by them to provide a bedroom for my wheel chair bound father. So yes the bank account in my name for a few months had a lot of money in it before paying the builder but not once the money had been paid out. The DWP have seen the conversion from outside of the property (2009). I have no problem defending the matter in a civil court ( not that the DWP have suggested that ), they have to date kept asking for the amount of their criminal case with no regard to the fact that they did not pay all they have asserted. I could tell back in 2010 the County Court Judge was far from impressed especially since he could not find all the alleged payments on my bank statements. So here is my question: Can a *Criminal* *County Court* Judge say "Not Guilty of *any* benefit fraud" and that is the decision or are the choice of his words misleading. A more advanced question is what if any evidence can the DWP bring back from a failed criminal case where all benefit payments ceased over seven years ago.

Hello all, I have been claiming JSA and have been referred to Ingeus just recently so far i have avoided signing any paper work as to not fall into their trap. luckily enough i have now found a job that i am due to start so i need to stop my JSA claim however as i will be paid monthly i would really need the housing benefit 4 week run on for help with rent and c.tax. what is the best route for me to go as i really do not want INGEUS contacting my new employer as it is rather annoying plus i haven't signed anything so dont feel it is fair if they did. can i tell the job centre that i have simply just found a job without giving them the actual details? and give the local council details of my job in order to get the run on or will the council tell the job centre my details and they then pass it on to ingeus? any help is much appreciated. thank you. Dean

Hello ladies and gentleman... My mother has a pension of £665 per month and my sister that lives with her earns £16.000 per annum and she has her student loan which is accumulating interest(it is)... The rent is £133 per week and council tax of £73 per month... My mother has £13 per week housing benefit..... So my question is if anyone knows how it is calculated and does the council tax and housing benefit awarded seem correct... A big great thank you if anyone can help..

Attended a Tribunal Yesterday regarding a very large overpayment for each HB and CT. The tribunal listened to My partner and myself and the reps from the local authority. We have been told we have won the appeal on the grounds of the testimony provided by myself and my partner and the fact that they could not prove their allegation that we were living together for the period in question and the written evidence we submitted along with the local authority. My question is can the LA appeal the decision that has gone in our favour.

Hi I'll try to do this briefly. Nov wife's aunt died, December MIL died, my wife is administrator of both estates There was about £7,000 of life insurance paid out, which went into a new bank account in my wife's name. In the meantime I left my job 31st Dec due to poor health I have now been put into the support group for 3 years for income based ESA (without an assessment BTW) We declared the money in the bank account to the district council and sent copies of the death certificates to prove that's what the money was for. There is way more debt than cash so been trying to talk to all creditors to reach an amicable resolution, unfortunately most of the creditors have ignored her letters (worst was Argos refusing to talk to her at all and sending out default notices to the MIL address). So we haven't been able to pay them because of this so the money is sitting in wife's new bank account. Thought no more of it because we'd done the right thing and told the council immediately when we started a housing benefit claim in January. Today had a letter stopping our housing benefit primarily because they claim im now receiving contributions based ESA (i'm not confirmed by DWP THREE times!!) and also they want to count the MIL estate as OUR money and reduce our housing benefit and council tax benefit accordingly. Is this correct? I know it looks like the money is ours because of this new account with the money in but I can clearly demonstate it's not but we can't get rid of it due to ongoing negotiations. County council has accepted that we're on IB ESA as given the kids free school meals, DWP say we're on IB ESA but district council won't accept it. So I suppose questions are: 1. Is there really no way of handling the estate money without it affecting us? 2. How can I get the council to accept that we get IB ESA so I shouldn't have to fill out another 30 odd page form, plus produce ID, bank statements and travel 25 mile round trip to visit them? Thanks for reading this far, apologies if it's in the wrong place or if i've rambled on stress like this makes me really really ill on top of my usual "problems"

This thread is an informational post to see if people are aware of the new rules regarding Housing benefit Council Tax fraud. This only applies to those that have been CONVICTED of these benefit frauds at the moment. (This may change) "Higher rate deductions via Direct Earnings Attachment for Housing Benefit overpayments where there is convicted fraud – new legislation from 6 April 2015 New legislation will come into effect on 6 April 2015 which will increase the rate of deduction that can be made by a Direct Earnings Attachment (DEA) for debtors who have a debt for which they have been successfully prosecuted. This must only be used in cases where the claimant has been convicted of fraud for that particular overpayment. This cannot be used where the claimant has accepted an Administrative Penalty." For further information read the attachment or see here https://www.gov.uk/government/publications/hb-direct-april-2015-issue-158

hi guys and girls, thank you for taking the time to read this in advance.. this is quite a long story, i will try to keep it as short as i possibly can without missing anything out. i met my now partner a few years ago while going through quire a lot of financial difficulties, which at present are still ongoing. at the time, i worked away for the majority of the week and only being home a couple of days. i lived alone. we met, got on great she had a one and half year old daughter. for a very long time, she was not willing to make us a permanent item or such, having a great deal of trust issues due to physical and mental abuse from her daughters father, which was understandable. eventually came the point i could not afford to keep my own place, so gave it up, my parents, due to my younger sister, would not let me use their address, but kirsty said it would be ok to use hers as we had known each other a while and any mail and such would be safe. i did stay with her on occasions, along with staying with my parents when needed as they both have cancer, so i was needed quite often. a few years later, i found a job closer, but, as it meant not working away anymore, and kirsty still not finding a job, i had to "sofa surf" as i wasnt prepared to put her and her young dependant in jeapordy of losing their home. she finally found a small part time job local to her in a bar, 3 nights a week, and having no family close to her, was able to rely on myself to go to her place of work, collect her daughter and a set of keys, and babysit for her. then, she gets a letter stating she is to be interviewed for benefit fraud, she attended this, the whole while feeling bullied and talked down to, and unable to put her own points accross, they where very rude to her. During this interview, the showed her MY bank statements (which show no evidence of me contributing to her household whatsoever) but apparently as was evidence enough?!?! and that my car was insured at her address (to insure a car an address is needed, and as i worked away, her drive was a safe place to keep my car). no photographic evidence available to the contrary nor of me living there which i wasn't. only one witness statement was read out to her, from her previous employer (which has come to light is now being sent down for a 3rd time for fraud) which actually contradicts their claim. in this statement, in her statement, knowing us for around 6 months, she states we where a couple living together.... yet i would collect my partners daughter from her place of work, and a set of keys to gain access to her home (sometimes get all the way to her home and realise i had no keys and have to go back, also stated in witness statement). my partner told them of my sofa surfing and being homeless, they asked for names, names given, then stated would interview these people and myself.... between ourselve now have 41k in debts to be paid, and not one person including myself have been interviewed except kirsty. myself and my partner are on low wages (her on only 34 hours per week). all of this is causing a lot of mental stress to us both, and as you read this, she has been sent home AGAIN as its now causing physical stress to her, causing her problems at work, (she has now found a job as a carer) and in her state is unable to carry out her job to the standard needed. today the cause was an AOE for £19300.91 for housing benefit. neither me nor her can ever be able to pay 41k which will lead us both and her daughter to end up on the street as far as we are concerned. The AOE comes with no court order or anything. just a bog standard printed letter. no liability order. we have also received a letter each stating bailiffs will be coming for 10k of c/t, no court stamp, no wet signature. I am positive ive missed things out, but when i remember will update many thanks in advance apologies, i meant to state, i have no idea what to do, and im useless at letters or correspondence and have never had this to deal with, i myself am still in financial difficulty, and this is putting a huge strain on our family unit. just to point out, we went into the council office stating these debts are unrecognized, i was put onto the phone to one of the interviewers, who in turn was not interested in the slightest and put the phone down

I have an issue with a work program provider regarding MAN ( mandatory activity notifications.) Appointments. I am using as my source : https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/417141/wp-provider-guidance-chapter-3a-cpa18-v2.pdf the relevant section : Annex 1 –Appointment MAN (JSA ONLY) The pdf has this section highlighted in red [Please Note: the following template must be used and the structure must not be altered or added to] The section where my issue lies, At: (Start and Finish time) Further on the guidance states. "Consequence The Labour Market Decision Maker (LM DM) will make a decision based on an assumption that the MAN meets requirements. If you fail to mandate correctly any sanction imposed would not be underpinned by the legal framework." Now this document is a recently revised edition, I believe, updated to reflect the amendment made to "THE JOBSEEKER’S ALLOWANCE (SCHEMES FOR ASSISTING PERSONS TO OBTAIN EMPLOYMENT) REGULATIONS 2013 " http://www.legislation.gov.uk/uksi/2013/276/pdfs/uksiem_20130276_en.pdf This amendment I believe was the result of an application for judicial review in the case of Reilly and Wilson v DWP, although DWP won the case my point lies in section, "4.3 However, the Court of Appeal found against DWP on two grounds: Specifically this is the relevant part. b) The Court upheld the High Court’s ruling that letters sent to claimants when they were mandated to an ESE Scheme did not comply with the regulations. " So it seems to me work providers when mandating an appointment have to stick to the legal framework and use the template provided as highlighted in red due to this ruling. So from this I have rightly or wrongly come to 2 conclusions. If I failed to comply with the MAN for whatever reason, I am on solid ground, because they failed to provide a “finish time” (If you fail to mandate correctly any sanction imposed would not be underpinned by the legal framework.) the case would be thrown out, as in, I would have nothing to appeal against. Secondly if I have taken the correct complaints procedure, adviser , office manger , head office and they still refuse to include a finish time then my next step would be the Independent complaints examiner (ICE) again taking into account the above they would have no choice other than to uphold my complaint on the grounds of maladministration. I know it might only seem like a small thing but apart from the technicalities of my argument and sticking it to the man, my primary objective and all that I ask at this point is, when I am mandated to attend an appointment I am given a “Finish time”, for example say I am mandated to attend at 9:00 AM without a “Finish time” they could keep me at the offices 5 seconds or until who knows how late into the night, if I did receive a “Finish time” I could plan my time more effectively and know if I should take a packed lunch or not, not make any other arrangements for that day and so on. I am flexible, just a rough indication of the length of time would help, surely it is just plain common courtesy regardless but it seems like they only road they are leaving open to me is to take my complaint to ICE. If anyone can pull me up where I might be going wrong here regarding the legal side of my argument before I begin the fight or point to other resources that might be useful I would be most grateful.

http://www.bbc.co.uk/programmes/b05s99p1

Hello all. I am wanting to move out of my current property where I live with my parents and rent. I am currently receiving JSA but job hunting like crazy. My question is - if I rang the local council, would they be able to give me an accurate idea of what contribution of Housing Benefit I would get if I had a property in mind? The reason I ask is that I need to know if I can afford it or not before I commit myself, I dont want them giving me a maximum/approx contribution only to find it was inaccurate. The online calculators that are on the councils website are completely useless as my parents (who are retired) used the housing benefit calculator and it was way off and now struggle with their rent as a result of this. I know the easiest answer is to ring and find out but I dont really want to waste money on a phone call if its a waste of time. Any help/suggestions? Thanks

Hi – just wondering if anyone can offer me some advice. I’ll outline my situation. Between 2008 and 2011 I claimed Housing Benefit. I was out of work, had no savings, and I didn’t claim Jobseekers Allowance. I ‘got by’ on a day-to-day basis by (a) selling the few possessions I had, and (b) receiving food parcels from my parents. I had been ‘homeless’ (without a fixed or permanent place of residence) from late 2006 to late 2008. I moved around a lot, staying with various friends and family – often for about a week at one place, before moving on. In December 2008, I moved into accommodation rented to me by an old friend. He’d agreed to rent me the accommodation if he received rent. AsI knew I was entitled to Housing Benefit, I asked him if this was suitable –and he agreed. As I didn’t have (and still don’t have) a bank account, the benefit was paid directly to my landlord. I was renting part of a large property. As such, it was a shared property with my landlord – although I lived entirely separately. I had my own bedroom, living room, dining area, toilet, etc.. My old friend, who I’d known for several years, married my sister. So, in effect, my landlord became my ‘brother-in-law’. I knew that a claimant could receive benefit while renting from family – as I’d previously claimed (back in the 1990’s) while renting accommodation from my grandparents, living in a part of their property. I made the decision to rent the accommodation because, as I was homeless, I needed a place to live. I was, at the time, suffering from mental health problems. I was diagnosed – at the time of my claim – by my GP as severely depressed and suicidal. Additionally, I suffer from an anxiety disorder – which makes me incapable of interaction with others if they are in a position of authority. It was because of my anxiety disorder that I was not claiming Jobseekers Allowance. To do so would require me to attend interviews –and I simply can’t attend any sort of formal interview. I suffer an anxiety attack, and either freeze-up or harm myself. For this reason, I was – and continue to be – out of work, as I can’t attend normal job interviews. The local council sent out a rent officer to view the accommodation that I was renting, and they decided that I was residing separately from the other occupants of the property. A couple of years into the claim, another rent officer visited the property – doing so without an appointment – and again decided that everything was legitimate and that I was residing separately. I had, at the start of the claim, asked the local council if they could find me a council property to rent (rather than the accommodation I was renting from my friend), and if possible do so near my parents home – so thatI could be close to them, and they could help support me. But the council never responded to my request. I voluntarily ended my claim in mid 2011. I had experienced too many bad times – in terms of my suicidal feelings – while living there, and I wanted to move on, even though I had nowhere to actually go. I left, ending my claim, and once again became homeless. My mental health problems are ongoing. I have relapses every so often, during which time I get severely depressed and suicidal. I experienced such a relapse last year, and am now receiving mental health counselling (as well as strong anti-depressants and anti-anxiety meds). The relapse was caused by the chronic neuropathic pain I suffer from, in my spine, which makes me bed-ridden for weeks on end. Anyway, in September of last year the council got in touch with me saying that because my landlord was my brother-in-law so they suspected me of benefit fraud. I explained that this wasn’t something I’d deliberately hidden from them – as it was rather obvious we were ‘related’ due to our identical surnames (he had, strangely, taken my sister’s surname). But, because in my original letter to the council I described him as “an old friend” so they think I was purposefully deceiving them. I tried my best to explain that my circumstances were genuine, that I apologised if I made a mistake in not informing them of what they wanted to know (and that even if I made a mistake, I possessed an underlying entitlement), and that I because I resided separately so I was nonetheless entitled to benefit. I pointed out that the ‘Housing Benefit / Council Tax Benefit Adjudication and Operations Circular A1/1999’ and clause 3.238 of the ‘Housing Benefit and Council Tax Benefit guidance: Part A3’ document (part of the ‘Housing BenefitGuidance Manual 2009’) state that a claimant is entitled to rent from close family, so long as they are not residing with them. They requested a formal interview with me, under caution, but I refused – citing my medical condition. Eventually, I agreed to an informal interview. Still, the meeting was on my mind so much that – prior to thedate – I cut myself several times on my wrists. I attended the meeting, but once they saw my wrists the meeting ended. Since then, my former landlord – my brother-in-law – has received an invoice for the full amount of benefit, saying that it was an overpayment of £8,500. I have received an email (not a letter, as I don’t have an address) saying that it was an overpayment (due to Regulation 9, i.e. that I rented from family) but my former landlord is responsible for paying it back. Now, as it happens, my brother-in-law is about to make himself voluntarily bankrupt (due to his own financial problems). He’s now cited the overpayment on his bankruptcy documents and it will commence in about 6 weeks. Until then, he’s repaying about £10 a week. Then the full debt will, in effect, be written off. But I’ve heard nothing more. It’s been 6 weeks since I received the email saying there was an overpayment. I responded, saying I disagreed but – due to my health – was not challenging the decision. Yet the council’s note says that they may take criminal proceedings. I am aware that, in cases such as this, my circumstances ought to make criminal proceedings statutory time-barred (in accordance with the Housing Benefit and Council Tax Benefit Circular F1/2011). The regulations say that cases of suspected benefit fraud under £20,000 should be dealt with as summary offences, and proceedings must be issued within 12 months of date of representation (that is, when the claim form was completed) or within 12 months of end of the offending period (usually the end of the overpayment). If I am suspected of false representation, then this occurred some 6 years ago; if I am suspected of overpayment, this ended over 3 years ago. Only in exceptional circumstances can a local authority pursue a case after it has become time-barred. And this requires the issuing of a S116 certificate in an effort to ‘save’ the case. If a S116 certificate has been issued issued, then – on the basis of point 16 of this circular – this means that the investigators have only 3 months from the date on which sufficient evidence to justify a prosecution came to light (not the date the certificate was issued or signed) to commence court proceedings. The local council concluded their investigation in late last year, and have had no ‘new’evidence’ since then. But they’re not contacting me – and I’m left worrying. Given these details, is it likely that the local authority will instigate criminal proceedings for fraud? Many thanks for reading the details of this case.

Hi, I have a query regarding housing benefit and possible repayment of 2 years worth of housing benefit. I am writing on behalf of a family member. Due to extreme circumstances at the time, she left the marital home and was deemed homeless, having stayed in a hostel and a couple of other properties before a council property was found for her and her son. The marital home she left was bought and was in her and her husbands name. As an amicable monetary settlement could not be reached,(she was offered £16,000 cash if she took her name off the house that was jointly owed by her and her husband), it was then decided that the property should be sold. The house is now in the process of being sold and a buyer has been found. I would like to add that this family member has been unable to work due to a lifelong illness and was in receipt of Incapacity Benefit for the past 30 years. This has now changed to ESA(Income Based) but will save that for another thread , lol. Basically this family member is concerned that she will have to pay, off the sale of the marital home, all the housing benefit and also all the benefits she has had, for the past two years, ie when she became homeless. I would like to make it clear, she is not in for a windfall of money, indeed, having to borrow from family and friends at the start when she had nowhere to live, no possessions etc, she was basically left with the clothes she had on and has had to build up everything again for her and her son. She is only receiving her half share of the sold home, nothing else. I wondered if there were any people in the forum that would be able to advise or has been in a similar situation, thnx

hi ,just a simple question ,ive been awarded IIB at 40% for life what does this actually mean ? am i now classed as disabled?

Just when you thought things couldn't get any worse.... An investigation by BBC News has uncovered several of the benefits under consideration for change: Industrial Injuries Compensation Scheme - could be replaced by companies providing industrial injury insurance policy for employees. Any that did not would become members of a default national industrial injuries scheme, similar to the programme for asbestos sufferers. DWP predicted saving - £1bn Carer's Allowance - this could be restricted to those eligible for Universal Credit. Leaked documents suggest about 40% of claimants would lose out.DWP predicted saving - £1bn The contributory element of Employment and Support Allowance and Job Seekers Allowance - currently claimants who have paid enough National Insurance contributions can get the benefits with little means testing; DWP analysis suggests 30% of claimants, over 300,000 families, would lose about £80 per week. DWP predicted saving - £1.3bn in 2018/19 Disability benefits - Disability Living Allowance, Personal Independence Payments and Attendance Allowance (for over 65s who have personal care needs) would no longer be paid tax free. Possible saving - £1.5bn per annum(based on IFS Green Budget calculation ) Council Tax Support - to be incorporated into Universal Credit. Possible saving - not known Child Benefit - Limiting the benefit to the first two children. Possible saving IFS estimates £1bn saving per annum in the long run but little initially Regional Benefit Caps - The £23,000 limit would vary in different parts of the country, with for instance Londoners receiving the top amount due to the higher cost of living. Possible saving - not known and dependent on where levels were set http://www.bbc.co.uk/news/uk-32084722?ocid=socialflow_twitter

me and my partner moved in together in July 2014 and i have forgotten to let tax credits know to change to a joint claim (Only realised today) my partner works full time and brings home around 1400 a month. Were in loads of debt as it is My anxiety is kicking in overdrive thinking im going to get fined and sent to prison! I havent phoned tax credits yet as im petrafied. any advice would be great

HI After my ESA review I am in support group. I have received SMI payments toward £56,000 As when they started paying my SMI it was before you could get interest on up to £200,000 And so it never applied to me. However as my benefit went through a review for ESA it is treated like a new claim? In my tiny mind I thought that maybe assistance with payments would now be times by 4 But it hasn't been? How do I work out what they are meant to pay? I have looked for an online calculator but cant find one? OSW

I am currently paying my rent and everything myself. In December 2014 I took out a tenancy on a new house, moved from old place as had too many bedrooms and spent ages trying to find a suitable two bed property not a flat I had to pay the whole six months rent in advance at the time of signing the tenancy. (Through an estate agents). Because i have no guarantor as both my parents are dead and no siblings this is now the norm it seems. I have money to pay the next six months in advance in June I can set aside, which will then leave me with around £9,500 to date. I am not getting any benefits since July 2013 as I inherited some money. How will this affect a Housing Benefit Claim as I believe you can still claim despite having paid in advance? My remaining £9,500 after June tenancy set aside will entitle me to some Housing Benefit minus a £1 per £250 deduction. I am struggling to find a job as I am 50 and was a full time carer to my father for the last 8 years so have a very patchy CV which gets me turned down all the time even for supermarket work. I am worried about keeping a roof over our heads if the norm is 6 months in advance.

Over the last few weeks I have been ill and therefore unable to collect mail from the address that I have registered for post. Also, at some point in time, the place was closed for 2 weeks for refurbishment, during which time it was not possible to collect post, though I can't remember when. On checking my bank account this past Tuesday, I noticed a reduction in my benefit, from £214.70 to a meagre £69.90. I have only just recently (literally had to force myself!), collected the post and I find 2 letters from DWP saying that as I failed to attend work-related interview on such and such a date, I will see a reduction in benefit.. how do I explain the situation ?

My friend is on Housing Benefit and ESA ( CONTRIBUTION BASED). He gets a small amount of Housing Benefit and is at present paying off a large overpayment at £10.89 a week from his HB. His ESA finishes in 2 weeks and he is probably going to claim carer's allowance ( cause he is going to look after his parents) and take a small job he's been offered. Now he wants to come off HB but is wondering how he does it. He only gets £15.00 per week after the overpayment is taken out and would rather stand on his own now. Trouble is he is at present being investigated because of the overpayment ( which was large) and made be prosecuted. Also he gets a occupational pension and once his ESA finishes he will pay no tax on that so his income will rise. So should he say his income will rise because of the tax, he is going to claim carers allowance and will possibly get a small job as well. Would he need to provide evidence of all this ? All he has at the moment is the letter saying the ESA is finishing. He suffers with his nerves and the investigation etc is wearing him down and he has realised that he can manage without the HB ( even if he's entitled) and would rather walk away. Can anyone help?