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interim payment from housing benefit?


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hi

 

was wondering if anyone on here has ever received an interim payment from their local council.

I applied on 9th march 09 and only today got a letter back asking me for more info of which i have taken in today well my rent is due to private landlord on the 12th.April I asked if I could have a interim payment made and was told no I will have to wait for a decision which will be 7-10 days! so how can i get one does anyone have any ideas im sure the landlord wont be pleased he cant pay the mortgage for the house on time due to the council taking more than a mth to ask me for more info. any help appreciated

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You may be entitled to a 'crisis loan'. There are other helpful answers on the DirectGov website.

Speak with your Landlord immediately and let him know the situation, explain that you thought you had given the Council sufficient time to process your claim, however it will take a little longer, and would he accept part payment until the claim is sorted and full payment will be given.

To be honest if the Local Council are able to process information within 6 to 8 weeks then it is deemed sufficient!

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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Interim payments can only be made when they have all the information they need from you to process your claim, however now that they have that, I cannot see why they are refusing. What reason did they give?

 

A Crisis Loan for rent is a grey area, however in some circumstances they can make an award. It's certainly worth applying if you cannot get an interim payment.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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thank you for replies.

 

But they gave me no reason at all it was a flat no we dont give them, but after looking on the net I have found some info on it and i think i will print it off and take it in monday to see what they have got to say . the council in question is lincolnshire.

They have had my application for 3 weeks before asking for the other info they needed, i took the rest into the office straight away.

Edited by ted45
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The local authority have nine days to turnaround a claim from when they have all the information. If your claim is over nine days since they had all the paperwork then I would remind them of their duty.

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As per DWP Housing Benefit Guidance Manual Chapter A6 s6.20 - here, the Local Authority has 14 days to make their decision from receiving all the required information.

 

However, 6.157 will most probably come into effect in your case meaning that your Local Authority should consider making payment on account without the need for you to request this, specifically refer them to Regulation 93 as it can be argued that the 3 week delay in their asking for further information is not your fault.

 

From experience, local authorities will try not to make a payment on account, and a lot of front desk staff do not have sufficient knowledge of the guidance manual or regulations.

 

Time limits

 

6.20 When a Local Authority (LA) decides a claim they must

 

* decide the claim and notify the claimant of that decision within 14 days of receiving all the necessary information, or as soon as reasonably practicable thereafter

 

HB Reg 89 & (SPC) 70; CTB Reg 75, 76 & (SPC) 61, 60

 

* give priority to claims from certain people starting work, see C5, Extended payments later in this manual

 

HB Reg 89 & (SPC) 70

 

* notify third parties about decisions affecting them

* include in each notification specific information about the decision

And for making payments on account if a decision has not been made in this time frame, DWP Housing Benefit Guidance Manual Chapter A6 s6.157-s.6.161

 

First payment of HB

 

6.157 You must make the first payment of HB within 14 days of receiving the claim unless it is not reasonably practicable, when payment should be made as soon as possible. If the claim has not been decided within 14 days of receiving the claim, you must consider a payment on account, see Payment on account below.

 

Reg 88

Payment on account

 

6.158 If you cannot decide a claim within 14 days of receiving the claim, you must consider making a payment on account. It is not the claimant’s responsibility to ask for a payment on account and you must not wait for them to ask.

 

6.159 A payment on account

 

* must be made if the claim cannot be decided and this is not because the claimant has failed to provide, without good cause, evidence reasonably needed and requested

* must not be made if

o you do not consider that a payment on account is appropriate because the claim will probably be decided and paid within the 14 days. If the claim is not decided within 14 days you must reconsider your decision immediately, or

o it is clear from the information already available there will be no entitlement to benefit, or

o you cannot decided the claim within 14 days because the claimant has failed, without good cause, to provide evidence or information which you reasonably need and have requested

 

Payment on account is appropriate

 

6.160 If you decide a payment on account is appropriate, make a payment

 

* based on whatever information is available on for example level of rent, number of non-dependants, and

 

HB Reg 93 & (SPC) 74

 

* which seems reasonable given what is known of the claimant’s circumstances

 

6.161 A claimant cannot be held responsible for delays in receiving

 

* confirmation of IS, JSA(IB) or Pension Credit (guarantee credit) entitlement from the local DWP office

* confirmation of conditions of entry or stay in Great Britain from the Home Office

* decisions from the rent officer

 

Example

 

HB is claimed from 11 November 1996. Rent is payable four weekly. The claimant provides all the requested information by 18 November, but necessary information from a third party is delayed until 27 November. The claim is decided on that date.

 

* the claim cannot be decided because all information is not to hand by the 14th day (24 November). Since the delay is not caused by the claimant, a payment on account must be made by 24 November

* the payment on account should be in arrears for the period 11 to 24 November inclusive

 

The claim is decided on 27 November. HB is payable four weekly in arrears

 

* the decision must be notified to the claimant immediately, or as soon as reasonably practicable. You do not have to wait until benefit is put into payment

* the first decided payment will be for the period 11 November to 1 December 1996, taking into account the sum paid as a payment on account. The next payment will cover the period 2 to 29 December 1996

 

6.162 A written decision notice must always accompany a payment on account making it clear to the claimant that once a full decision of the claim has been made

 

* any overpaid benefit will be recovered, and

* if they are entitled to rent allowance, future payments will be reduced or increased, as appropriate, to take account of any overpayment or underpayment

 

HB Reg 93 & (SPC) 74

HB reg 89, which can be found here, states:

 

89. —(1) Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the relevant authority.

 

(2) The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 83 and 86 being satisfied or as soon as reasonably practicable thereafter.

 

(3) Without prejudice to the generality of the foregoing provisions of this regulation, in a case where a person—

 

(a) made the notification specified in paragraph 2 of Schedule 7 within 14 days from the day immediately after the day on which his entitlement to income support or an income-based jobseeker's allowance ceased ("the appropriate day") and is treated as having claimed an extended payment under regulation 72(2); and

 

(b) has made a claim, which meets the requirements of regulation 83(1), (6) and (9), within 14 days of the appropriate day,

 

the relevant authority shall give priority to that claim over other claims which do not fall within the provisions of this paragraph.

and regulation 93, here

 

93. —(1) Where it is impracticable for the relevant authority to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested or which has been requested by the Secretary of State, the authority shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

 

(a) such information which may at the time be available to it concerning the claimant's circumstances; and

 

(b) any relevant determination made by a rent officer in exercise of the Housing Act functions.

 

(2) The notice of award of any payment on account of a rent allowance made under paragraph (1) shall contain a notice to the effect that if on the subsequent decision of the claim the person is not entitled to a rent allowance, or is entitled to an amount of rent allowance less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to an allowance, as the case may be, will be recoverable from the person to whom the payment on account was made.

 

(3) Where on the basis of the subsequent decision the amount of rent allowance payable differs from the amount paid on account under paragraph (1), future payments of rent allowance shall be increased or reduced to take account of any underpayment or, as the case may be, overpayment.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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many thanks for the info I off down to the offices now armed with a print out probably still get no payment tho!! but we shall see thank you.

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Before you head off, you might want to ring to check they are open. Some local authorities are closed for the Easter Holidays.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hope it goes well for you.

 

Similar to what I did on my last claim, straightforward claim as well.

 

Income based JSA so full entitlement to HB/CTB but they still hadn't processed the claim 14 days after receiving the notification of JSA nor made payment on account. Council even tried to tell me they get 28 days from receiving all information :eek: so went an dropped off a copy of the guidance manual, highlighting the relavant sections - claim processed that day and cheque received 2 days later :)

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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  • 10 months later...

Wow! Glad to see it worked out.

 

I am in a similar situation. They wrote to me and requested more info after 4 weeks of my application. I was told that this was actually the second letter that was sent to me to request the same information, but one of front desk staff later told me that the first letter had been sent to different house number on the same street.

 

I gave in the requested info within a couple of days and now it's been 5 weeks from the day I had given them the additional info they needed (9 weeks altogether). Every week when I phone I too have been getting the same reply "We don't give interim payments" (they must have that on recording). I have a copy of the HB/CTB Guidance Manual dated December 2006. Would this be the right manual to refer to or is there a new one? And if I was to do the same and do what InstallSpark had done, would you recommend I give them a printout of the whole Guidance Manual or just the relevant sections highlighted above?

 

Just some additional information about me: This is actually my second housing benefits application. The first one got rejected since I was living in the same household as my Sister-in-law to whom I was paying a commercial rent. Even though Shelter's website says that as long as I pay a legitimate commercial rent this should be ok. But I didn't argue with that. I moved house instead and made a second application. I made sure I met all the HB requirements in full before I made my application. I did forget to send in a couple of bank statements though. When they wrote back to me, they requested a few recent pay slips, even though it was mentioned on the application that I had been unemployed since October last year and had enclosed both my P45 and JSA letter.

Edited by angel220
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