Housing benefit

[Tinab35]

A friend of mine has been trying to claim housing benefit since last July 2008. When she first applied they wrote back and said they needed more information, she phone and expaline that she had now got a temporary position for a year and wouldn't be taking her claim further. After four weeks the job decided that there was not enough work so told her to go. So she decided to apply for JSA and housing/council tax benefit again, she kept getting letters saying we need more information, so she kept going in giving them the same old letters. In the meantime she explained to the landlord and letting agent that she was in a spot of trouble and was trying to sort it out and they oked it (verbally) anyway after months of going back and forwards to the benefits agency they said they would finally look into her claim. Why she was waiting she was evicted from her property. She went to the local council and explained what had happened and they put her in temporary accommodation for six weeks (she is still there) why they investigate, anyway she had an interview and even though she has letters backing her up that she kept being turned down for Housing benefit they have found her intensionally homeless and have said she has 28 days to find her own property. Can anyone give some advice? I jave told her to go to Islington Peoples Rights and the Law centre, do you think she can sue the council? Any advice would be great

[Bazooka Boo]

do you think she can sue the council?

I would have thought that would be the very last thing to worry about right now:eek:

I took this of Islington Council's website.

Many people assume that if they become homeless they will be housed in a council flat in Islington. However, this is not the case, as Islington only has a duty to house people for an interim period who fall within certain categories.

This section contains information on homelessness and how the council deals with households who approach it for help.

 

The Housing Aid Centre

Islington Law Centre

Islington Peoples Rights

Homelessness Act 2002

Examples of Intentionally Homeless Applicants are:-

 

• Voluntary termination of tenancy
  
• Wilful refusal to pay rent or mortgage or withholding of rent.
  
• Unjustifiable failure to maintain and conduct a satisfactory tenancy.
  
• Voluntary relinquishment or sale of property without first ensuring that permanent accommodation is available.
  
• Wilful failure to heed local authority advice.
  

Hope this may be of some help;)

[Zamzara]

Homelessness tests must be applied based on individual circumstances; it is unlawful for the council to apply a rigid policy.

 

A delay in benefits processing is very strong evidence against intentional homelessness. Your friend can ask for a review and also appeal to the county court.

[sallysas]

Get legal advice. The council sound to have left themselves wide open to a count claim by not putting the housing claim into payment within time.