Eviction for Benefit Fraud. Please Help.

[inn0cence]

Sorry but you wont be able to get HB "turn back on" during a investigated for HB fraud in the 1st case....

 

Your friend ! needs to concentrate on the possession hearing tomorrow at the county court.

I understand that she needs to concentrate on the case tommorow but even if the judge doesn't kick her out. This is just gonna go round in circles because the rent is just going to keep piling up, due to benefit being stopped.

[inn0cence]

Hi there guys,

 

Sorry for the delay in posting.

She went to court and got a 8 week suspended possession order, due to new housing benefit claim.

She has been ordered by the judge to keep paying her water rates and a further £6 a week for the debt, until she has to go back to court in 8 weeks.

If the HB gets turned back on then she will not have to attend court again.

The rep from HA told the judge that she will not get HB due to the benefit fraud officer had told him that they have loads of evidence on this matter. And my friend definitely would not get any HB.

It's good that the judge was sympathetic.

 

Like I said in an earlier post, she tried to claim HB. She was told that she had to provide utility bills and bank statements for her ex-partner in his address. So she went to council offices on the day before court day and spoke to a guy in HB and gave him copies of bank statements, and other utility bills, which the guy took, and gave her a receipt for.

He also asked for her ex-partners proof of earnings, to which she told him “how am I supposed to get them? He doesn’t live with me.”

The guy asked her to write a letter about that, so my friend did that there and then, and gave it to him. The guy then told her it could take up to 4 weeks to process.

 

Now the worry starts again. I don’t think her new HB claim will get allowed. I think they will try to fob her off with some other excuse. Which will mean she will end up losing her home eventually.

It seems to me that HB and HA are working together to make her life hell.

 

Please help.

[mariner51]

What else can we do?

Shehas spoken to HB guy and provided letter & docs as requested. Judge has given her max time allowed after granting HA a repo order, to allow time for HB consideration. Judge will not be amused if HB dept delayed decision until after next Court hearing. She should now concentrate on the benefit fraud allegation and not let b/f stay over more than 2 nights/wk, if at all.

Please answer Qs on reason for £10K C Tax arrears.

[raydetinu]

did shelter attend and what did they say?

[inn0cence]

i think i explained this,

it is the time that B Fraud say that she had someone living with her for about 5/6 years. so i presume it has been calculated for the years that B fraud claim that she had someone living with her.

[inn0cence]

did shelter attend and what did they say?

 

shelter sent someone from CAB because they couldn't attend.

 

cab just said from the off, that this hearing needs to be adjourned. and thats whats she did.

[inn0cence]

What do we do about the council tax bailiff's?

[45002]

Hi there guys,

 

Sorry for the delay in posting.

She went to court and got a 8 week suspended possession order, due to new housing benefit claim.

She has been ordered by the judge to keep paying her water rates and a further £6 a week for the debt, until she has to go back to court in 8 weeks.

If the HB gets turned back on then she will not have to attend court again.

The rep from HA told the judge that she will not get HB due to the benefit fraud officer had told him that they have loads of evidence on this matter. And my friend definitely would not get any HB.

It's good that the judge was sympathetic.

 

Like I said in an earlier post, she tried to claim HB. She was told that she had to provide utility bills and bank statements for her ex-partner in his address. So she went to council offices on the day before court day and spoke to a guy in HB and gave him copies of bank statements, and other utility bills, which the guy took, and gave her a receipt for.

He also asked for her ex-partners proof of earnings, to which she told him “how am I supposed to get them? He doesn’t live with me.”

The guy asked her to write a letter about that, so my friend did that there and then, and gave it to him. The guy then told her it could take up to 4 weeks to process.

 

Now the worry starts again. I don’t think her new HB claim will get allowed. I think they will try to fob her off with some other excuse. Which will mean she will end up losing her home eventually.

It seems to me that HB and HA are working together to make her life hell.

 

Please help.

 

shelter sent someone from CAB because they couldn't attend.

 

cab just said from the off, that this hearing needs to be adjourned. and that's what's she did.

 

So a suspended possession order for 8 weeks, I think is only putting off the invertible Possession order ending in eviction.

 

Sorry but there No way you friend is going to get HB while been investigated for HB fraud in the 1st place.

 

Unless All the arrears are paid off by end of the 8 weeks and your friend can pay future rent on time,judge will have No choice and grant HA a possession order .

 

What is your friend current income,what is she living on ?

 

What do we do about the council tax bailiff's?

 

Ask CAB or shelter for advice on CT arrears as I posted early on.

Edited September 7, 2012 by 45002

[inn0cence]

her income is about £700 a month i think. i'll ask her when i next see her.

[45002]

her income is about £700 a month i think. i'll ask her when i next see her.

 

It doesn't look good at All.

 

Sorry to be blunt and to be honest it may be time your friend started looking for somewhere else to live!

[inn0cence]

Sorry but there No way you friend is going to get HB while been investigated for HB fraud in the 1st place.

 

are you sure she cant make a fresh claim for HB?

even the CAB woman said today that anyone can claim again as soon as any circumstances change.

CAB woman also said they will make it tough for her. but she can make a claim.

someone on here on page 1 or 2 said she should make a fresh claim again, and mark it "without prejudice"

[inn0cence]

this is by a person called benefits bod

 

2) In any case... if the claimant is, in principle, currently entitled, a new claim for HB should be made immediately. The local authority cannot refuse to process it simply because of the outstanding appeal (at least not legally!). I advise marking any new claim as being "without prejudice to any outstanding appeal" (plain english usage rather than legal meaning). In the event of the appeal being successful, the "second claim / award" simply becomes defunct and the original award replaces the "new" award. Nope, that doesn't mean double payment.... (er, at least it shouldn't!).

[mariner51]

So the basis of the benefit fraud allegation is that OPs 'friend' co-habitated with boyfriend for majority of week for a period of 5-6 years, without notifying Authority od 'change in circumstance'. Thus her address would be b/f's primary residence, even if he had another property, hence the claim for £10K back C Tax single person/exempt discount?

 

Maybe OP friend can submit another HB claim, but I submit this would force the Authority to issue a Suimmons for benefit fraud during its assessment period. The Auth evidence is likely to include detailed observation logs, and poss video. of b/fs comings & goings at property. It is possible with alleged debts of this amount, for the creditor(s) to seek a personal Bankruptcy order if debts not discharged/inability to pay. A 6 yr CCJ as a min. Find new accom before debts are a matter of public record.

Another reason why LLs are wary of Ts on HB IMO

[Lillibelle]

Reading between the lines,the claimant seems intent on a claim for housing benefit and to be blunt,,it's not going to happen,,the LA etc must have pretty rock solid evidence to asking for 10k in CT overpayments for 5/6 years,,and it's not down to the authorities to prove the b/f is living there,,it's down to claimant to prove he isn't,,after all LA holds purse strings..She should now concentrate on finding new accomodation for herself and her kids and sorting her finances out.I'm sorry if I sound harsh but it's true and relying on getting HB that the LA seem pretty determined not to grant isn't going to solve anything.

Edited September 8, 2012 by Lillibelle
changed DWP to LA (my error)

[inn0cence]

Hi guys,

 

Does anyone actually know how the HB system works?

 

I am getting mixed reactions on this question.

 

The question is:

 

1) Can you make a fresh claim for HB if you under investigation for benefit fraud?

2) If the answer is yes, what is the best way to do this?

3) DWP will make this process very hard, but they have eventually give the HB?

[estellyn]

1 Depends if your old claim is suspended or cancelled - suspended, no, cancelled yes.

2 Fill in a new claim form

3 DWP don't award HB, the LA do. And no they don't have to give you the benefit, if the same circumstances exist as brought about the investigation and cancelled the previous claim, they probably won't.

[honeybee13]

Hello there.

 

In case it helps those trying to advise, here's a link to your thread in the rentals forum here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?361109-Eviction-for-Benefit-Fraud.-Please-Help.&p=3973133#post3973133

 

My best, HB

[inn0cence]

CAB got this lady to make a fresh claim for HB while she is waiting for the appeal.

The HB wrote back to her and said she will not get the claim unless she sends proof of her ex-partners address.

So she has given HB proof of ex-partners address.

She has supplied them with Bank, Council Tax and Utility Statements.

They told her it will take 4 weeks to process.

 

What do think of her chances?

[Lillibelle]

Hi I posted a reply on your other thread,,not sure if you saw it. so will re post it Re: Eviction for Benefit Fraud. Please Help.

Reading between the lines,the claimant seems intent on a claim for housing benefit and to be blunt,,it's not going to happen,,the LA etc must have pretty rock solid evidence to asking for 10k in CT overpayments for 5/6 years,,and it's not down to the authorities to prove the b/f is living there,,it's down to claimant to prove he isn't,,after all LA holds purse strings..She should now concentrate on finding new accomodation for herself and her kids and sorting her finances out.I'm sorry if I sound harsh but it's true and relying on getting HB that the LA seem pretty determined not to grant isn't going to solve anything.

 

Regards

 

Lillbelle

[Lillibelle]

Now I'm confused,,,,if she could prove her ex lived seperately why didn't she do so as soon as her benefits were queried? I'm sure a letter would have been sent to her before her money stopped,although I will happily stand corrected if I'm wrong. And has she been asked for 5/6 years of HB too? You said CT has asked for 10k.

Edited September 8, 2012 by Lillibelle

[inn0cence]

Hi I posted a reply on your other thread,,not sure if you saw it. so will re post it Re: Eviction for Benefit Fraud. Please Help.

Reading between the lines,the claimant seems intent on a claim for housing benefit and to be blunt,,it's not going to happen,,the LA etc must have pretty rock solid evidence to asking for 10k in CT overpayments for 5/6 years,,and it's not down to the authorities to prove the b/f is living there,,it's down to claimant to prove he isn't,,after all LA holds purse strings..She should now concentrate on finding new accomodation for herself and her kids and sorting her finances out.I'm sorry if I sound harsh but it's true and relying on getting HB that the LA seem pretty determined not to grant isn't going to solve anything.

 

Regards

 

Lillbelle

 

hi lilibelle,

thanks for yr post. i did read it. the reason i made a new thread was to see if i can get some different veiws on the subject, and this thread is in the residential section. so no disrespect to you. you are obviosly very knowledgeable.

[Lillibelle]

I only know what I do from my own experience helping a neighbour

[inn0cence]

Reading between the lines,the claimant seems intent on a claim for housing benefit and to be blunt,,it's not going to happen,,the LA etc must have pretty rock solid evidence to asking for 10k in CT overpayments for 5/6 years,,and it's not down to the authorities to prove the b/f is living there,,it's down to claimant to prove he isn't,,after all LA holds purse strings..She should now concentrate on finding new accomodation for herself and her kids and sorting her finances out.I'm sorry if I sound harsh but it's true and relying on getting HB that the LA seem pretty determined not to grant isn't going to solve anything.

 

hi lillibelle,

as you are taking a lot of yr time up with helping me. i will have to explain the whole story to you very soon. it will involve a lot of typing and as i am a very slow typer, it will take a little time. please bear with me.

[inn0cence]

is it safe to put this lady's life story on here?

[id6052]

Hi guys,

 

Does anyone actually know how the HB system works?

 

I am getting mixed reactions on this question.

 

The question is:

 

1) Can you make a fresh claim for HB if you under investigation for benefit fraud?

2) If the answer is yes, what is the best way to do this?

3) DWP will make this process very hard, but they have eventually give the HB?

 

1) As the previous claim has terminated, then YES, she can make a new claim

2) As advised by Estellyn, she will need to complete a new claim form and submit it to the Local Authority

3) If she can satisfy the Local Authority that she is entitled to HB, then they should pay it. If she can't satisfy the Local Authority, then her claim will be refused.

 

Did your friend write to HM Courts and Tribunals Service to get a short notice hearing?

If so, has she had a response or listing for her appeal?