help refused housing benefit while on income support

[poisonivy44]

Hi all

 

Need advice please..

 

Long story but will keep it short..

 

Finished work 31 august 07 (grievence - none payment of wages)

Telephoned job center for advice, was told to make claim for job seekers, went through forms over the phone and was told they would be with me shortly. (in the meantime I was told by a friend that I should have been claiming Income Support) Its a long time since I have claimed so I telephoned job center and they said no problem they would change this for me. They requested wage details (I stated that this was in a claim as my ex boss would not give me any payslips) Anyway got the pay slips and details by end September and sent them on to them.

 

1st question - have I been told correctly that when I claimed my job seekers or income support my houseing and council tax benefit was included with form?

 

OK October still no payments from income support, telephoned each week, also telephoned council to say I could not prove wages or benefit as I had not had them through yet,

 

November still complaining as I am a single mum and no benefit through... end November had income support through and backdated hooray, went down to local council with papers rather than send them.

 

Dec - had letter stating they would only go from date I went with papers and not when I finished work. I send response and stated reasons for delay. Letter back saying they would not backdate it but they are taking £9.00 per week from my housing benefit for a overpayment they have found in there system for 1998/2000

 

2nd question - Can they do this?

 

I now have a reposession on my rent to appear in court in February as my rent is now in arrears due to this. I have informed them that with the £9.00 per week deduction and my child tax credit has been reduced by £25 per week (for overpayment) I am unable to offer a decent amount to pay off the arrears.

 

Basically I have had a really bad few months and they just keep throwing more at me...

[MilkTrayMan]

Hi poisonivy44!

 

It's been a few years since I last claimed Income Support/Housing Benefit etc, so my experience my NOT be compatible with the way things are done now?!

 

Way back then, there was NO Claiming IS/JSA over the phone.

I'm a face-to-face type person anyways + would be extremely reluctant to do things over the phone as there is NO guarantee of U knowing that the person on the other end of the line is actually putting down what U wanted them to.

 

I don't understand WHY U didn't camp out at your local Job Centre/DHSS Building re: Getting answers to the slow progress of your Claim etc??

...Were U living on a HUGE amount of saving since 31/08/07??...

 

Likewise re: Claiming Housing Benefit/Council Tax via your Local Council Offices asap.

 

Methinks that U were given very poor advice previously.

Here are a few links for U + anyone else who may read this Thread, to check out...

Help for people on a low income - Income Support

Jobcentre Plus -

 

Help with your rent – Housing Benefit

Help with your Council Tax – Council Tax Benefit

 

I believe that it is possible to have Claims for Housing Benefit 'backdated' 52 weeks from the actual date of Claiming.

It is going to be a lot of hassle for U though, + certainly MORE than if U had Claimed asap of U leaving your Job, but it IS possible to do!...

 

If U start another Thread in the 'Employment Problems Forum' re: Leaving your Job cos of Non-payment of Wages, U will find peeps who will give U some further helpful advice...

 

 

...

[Joa]

1st question - have I been told correctly that when I claimed my job seekers or income support my houseing and council tax benefit was included with form?

 

 

Dec - had letter stating they would only go from date I went with papers and not when I finished work. I send response and stated reasons for delay. Letter back saying they would not backdate it but they are taking £9.00 per week from my housing benefit for a overpayment they have found in there system for 1998/2000

 

2nd question - Can they do this?

 

 

 

Qestion 1; your Housing Benefit should have been dealt with at the same time as your original JSA and then IS application. Therefore it should have run from the day of the first application.

£9 is a correct level of recovery; please see: http://www.dwp.gov.uk/housingbenefit/manuals/overpay/op-guide-amd2.pdf, Recovery rates 4.430 but then look into 4.460 for Reduction of recovery rates.

I cannot answer your 2nd question- too many unknowns. Some overpayments are recoverable, some not. You need to discuss this with an adviser. It may be possible to appeal the overpayment decision, if the decision reached you not more then one month ago (the decision letter about the overpayment, not the overpayment itself).

Please call 0845 345 4 345 for further advice

Community Legal Advice

[poisonivy44]

Thanks Milk Tray Man

 

Unfortunately my local job center no longer deals with claims, I was told I could only do this over the phone, the paperwork came back from them on 5th September (with all details of my housing details ie: No of rooms, who I rent off, occupants etc....) As for the council offices, thats a laugh round here, we have a One-Stop-Shop (basically its a room with 2 people in that you all cram in to to discuss your problem) unfortunately they are not able to look into claims and can only note down details.

 

And no I had no savings really, I just struggled along (and still am doing) I have good friends and family.

 

I have looked on the net and most websites state that when you claim job seekers or income support then no extra form needs to be completed for housing benefit, but I am still not sure if this is the true case for our local area or everywhere?

 

I do have a case going with my ex boss and he has had the papers recently for the tribunal case, he only has till 13 Feb to respond, so I shall see on that, he owes me 3 1/2 months so would be nice to see it. (not holding my breath) would be a great 2008 if he paid up and I am currently trying to claim past charges with a credit card company, so that would really make me smile if I got that too....

 

My first job tomorrow is spending a day at my housing place to see if I can stop the reposession or at least put a hold on it while I sort things out.

 

Have 2 interviews coming up so will be keeping my fingers crossed that I get back in to working life again.....

[poisonivy44]

Joa

 

Thanks for advise.

 

I thought they had put the details down for housing but was not sure. I will be on the phone I think tomorrow too.

 

As for the backdated benefit, I am appealing on this as it was in my ex husbands name, I have requested full details on the overpayment but as yet have not received any information. We shall see on this.

 

Maybe I will win !!!! or maybe I will win the lottery!!! chances of either are very slim.....

 

[MilkTrayMan]

Hello poisionivy44!

Perhaps it may help if peeps knew part of the country/town etc U are in??

...Some peeps face different difficulties if they live somewhere rurally, than say, in the middle of a large city...

Certainly when I signed on (...many moons ago), as well as filling in the JSA/IS Forms, the Housing Benefit + Council Tax Forms were totally SEPARATE Forms, which I had to fill in + hand in/post to MY Local Council myself.

btw...Who is assisting U re: Your Employment Tribunal Case??...

 

 

...

[poisonivy44]

Hi MilkTrayMan

 

I live in cheshire. Not sure on rules here.

 

As for Tribunal its employments rights unit part of citizen advice, I have only just had the case details so I think its going to be long long process.

 

He was actually ok to work for as bosses go just a shame he ended up being an ars... I am not the first and I wont be the last one he has done it to.