time limit on housing and council tax fraud ??

[julie200]

this started with a visit from investigations officer from the L.A benefits offices about a year ago

they asked several questions which didnt really relate to anything, they asked if i would give a statement there and then and i refused saying i needed time to think about it, they then said they would call back in a week.

a couple of weeks pasted and my landlord received a letter saying they have suspended my benefit and to contact me for reasons,

whe i rang them they said because i did not go in to give a statement they stopped suspended it,

i still refused them the statement.

the beginning of this year they sent a letter out saying i had to go in for an I.U.C, i wrote straight back to them saying that my mental health issues stopped me attending, but i did offer to get advice and sent in a written statement, if they disclosed the information they had, i sent it recorded delivery, i got no reply

a few weeks ago i received a letter saying i owed them a few thousand unpaid ctb as they had cancelled my claim from last year, had no idea about any of this,

does this mean they have also stopped the investigation, i dont really want to talk to the investigator again as she was rather offensive and practically had me in tears the couple of times i did.

really just need to see where i go from here

[leemack]

No it doesn't mean they've stopped the investigation. Trying to evade the issue won't help and may well make it worse. Without input from you they will make their own decision based on the evidence available and you will be seen as uncooperative.

 

Do you know why they think you've committed fraud.

[julie200]

yes someone told them that my youngest son was also my landlords, which he is not btw.

me and my landlord are very good friends, he is also a friend of my family he use to work with my dad. but thats as far as it goes, i rent a house off him, with the condition that he can use the garage for storage of his tools and stuff, which is fine by me

he has his place, pays his own bills and we have no finacial connection between us

 

i am not being unco-operative either, i offered them a written statement, i hate talking to people face to face as i have severe phobic anxieties, including social anxiety, so when i talk to people i get flustered start stuttering and end up sobbing and in a right state of panic

from last year i have only heard from them once inviting me in for an iuc which i wrote back immediately declining but offereing a written statement

[leemack]

Sounds like it should be easy enough to prove your landlord lives elsewhere - I take it none of his mail comes to you, but goes to his current address, so recent bills sent to that address could be provided to show he lives elsewhere, also proof of car/driving licence etc being registered at his actual address.

 

Unfortunately they do have to investigate allegations, but if they can't find any substance to the suggestion you're living together then it should get sorted out.

[julie200]

he has his own propertywher he lives he pays his own council tax, water rates, bank details driving license, we have nothing together never had, we are just friends, he also stays with his mum some nights as she is in ill health, i have took her to some appointments for him when he is at work

he owns several properties and i only rent 1 from him,

they never asked if we lived together just if my youngest son was his son,

[leemack]

Yes, your son being his would have opened a raft of possible benefit implications which they would investigate, including whether you're living together, whether there's child support, whether its a proper tenancy, etc etc.

 

It must be very frustrating that some malevolent person has tried to cook up trouble for you - and is causing you this stress.

[julie200]

how can they just cancel my claim though no explanation no letter nothing, they originally suspended it, so i struggled to pay the landlord his rent, but not the council tax, not the letter says i owe them £1500 for last year and £1500 for this year, never even told me they had cancelled my claim from last year, and if i want to start it again i need to go in for an interview

 

i offered a written statement,

i am not avoiding the issue there being so unfair

[id6052]

i would suggest requesting a reconsideration of the decision to terminate your benefit award and a full written explanation of the basis for the termination

 

the local authority, unlike the dwp, do not have the power to insist that you attend an interview - however if they ask for information/evidence and you fail to provide it, they can terminate your award

 

have you failed to comply with any information requests?

 

does your child's birth certificate have the real father's name on it?

surely that would resolve issue about landlord being alleged to be your child's father

[leemack]

If your claim has been ended and not just suspended, then it is important to put in a new claim also - though you need to know the grounds on which they've cancelled your claim - them believing your son is also your landlord's son would not be grounds - it would be something like that they think you're living together or have a contrived tenancy etc etc. Its very important to find this out.

[id6052]

if the council believes that your landlord is the father of your son or that your tenancy is contrived, then you wouldn't be entitled to Housing Benefit

 

however neither of these issues affects entitlement to Council Tax Benefit, so should not result in termination of Council Tax Benefit

[Life-Goes-On]

 

the local authority, unlike the dwp, do not have the power to insist that you attend an interview

 

I didn't think the DWP had that power either, could anyone confirm or correct.

[id6052]

sorry, lifegoeson, i might not have phrased that well

 

the dwp can sanction benefit claimants for failure to attend or take part in interviews

 

local authorities do not have any similar power

[Life-Goes-On]

sorry, lifegoeson, i might not have phrased that well

 

the dwp can sanction benefit claimants for failure to attend or take part in interviews

 

local authorities do not have any similar power

 

Cheers for the update.

[leemack]

if the council believes that your landlord is the father of your son or that your tenancy is contrived, then you wouldn't be entitled to Housing Benefit

 

however neither of these issues affects entitlement to Council Tax Benefit, so should not result in termination of Council Tax Benefit

 

Living together would affect council tax benefit!

[julie200]

birth certificate doesnt have fathers name on it as neither does my others kids,

local authority.a never informed me it was terminates till last week, though they did it last year,

dwp seemingly havn't been informed as i am still in receipt of my other benefits,

dont really know what they playing at as i did offer a written statement but they said they couldnt accept it i needed an i.u.c

 

thansk for all help

[leemack]

I've known an IUC in circumstances when the person can't leave the house take place on a home visit - maybe you could offer this alternative.

[phoenix11]

Julie - on a practical note, have you asked for assistance from CAB or another organisation who could help you? If you're registered disabled, or even if you just try to live with your condition, you could try talking to MIND or some similar local organisation to ask if they can support you in dealing with this matter.