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Council refusing to pay underpayment to me (urgent) !!!!!!

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My partner has been on SSP for the last 2 months so i took feb payslip in at the end of feb to show the reduction in income and did the same for march. The reduction on SSP is less than half her monthly wage.


They have taken up till yesterday to finally work out what they have under paid us.


Spoke to a woman from the council who said we've underpaid you nearly £600, yay i thought.


My landlord has been really good and let us pay half rent for feb and march untill our housing got sorted out then what they owe us is pretty much what we are short for the last 2 months to the landlord plus a little bit out of our own pocket.


Great i though, we can catch up on the rent and everything will get back to normal untill my partner goes back to work.


The woman from the council then goes on to say that because we had an overpayment from last year (they deduct £16 a week from our housing to pay it of) they are going to off-sett the underpayment against it which will leave us getting non of it.


I explained that its money that is owed as out income is a lot lower and its money that is owed to the landlord and not us as such but all she said was, were allowed to do it this way.


When i told her that my landlord can not do another month at half rent because he's used his spare cash to carry us for feb and march she just told me to get the landlord to ring them and they will explain it to him.

I told her that will make no difference to him being able to pay his mortgage by explaining why he's not getting anything as there keeping it. She just said thats the way they do it.


Can they get away with this as its going to cause my landlord to look at evicting us if we can't cover the rent again as he can't afford for us to be here and not even be paying enough to cover what the house is costing him, also makes it more diffecult because he's a very good long term friend for over 12 years and its going to cause a rift between us because of the council refusing to pay the money thats owed.


I always thought that when they work out your housing it starts of with what the law says you need to live on, so by not giving us the underpayment for feb and march it puts us below what they state the law says we need to live on for those 2 months.


Any help or advice would be great as i want to kick them where it hurts and work out if they can actually do this.


Thanks in advance for any comments and help...

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I've had a quick word with someone from CAB and they say they can but given the circumstances they should realy let me have it as its rent that i can not afford to pay and thats why my housing has gone up but i will need to argue it out with them but i only have till the last day of this month to pay my full rent..

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Councils can offset hb arrears payments against outstanding overpayments

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Good news. After sending them an email explaining the situation with my landlord and the fact its rent owed that i could not afford to pay without the underpayment being paid to me they have decided as its going to cause a serious problem if they do not allow it there going to pay it to me to cover the shortfall of rent thats owed.


Actually turned out to be quite a nice phone call with them this morning and they realised it would be wrong of them to put me in such a bad position. Result :whoo::whoo:

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that is a good outcome for you, not all councils are so accommodating

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