Eviction for Benefit Fraud. Please Help.

[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?

[id6052]

office addresses for HMCTS can be found on their website

 

http://www.justice.gov.uk/contacts/hmcts/tribunals/social-security-and-child-support

[id6052]

Allow me recap on my understanding of HB situation

 

Previous benefit award has been cancelled back for a period of 5 to 6 years as DWP & LA carried out a fraud investigation and determined that your friend has been LTAHAW with "ex-partner". Your friend has submitted an appeal which she is waiting to be heard by HMCTS. Assuming the papers have been forwarded to HMCTS, then your friend should contact HMCTS district office to request a short notice hearing. The request should include copies of the papers relating to steps HA has taken so far to obtain possession.

 

In the meantime, your friend has submitted a new claim for HB which has been refused as the LA still believe she should be treated as LTAHAW with "ex-partner". Your friend has now provided further evidence to allow the LA to reconsider her HB claim. The LA will need to review new evidence and previous evidence.

 

If the LA decide to award HB on new evidence, this will allow HB to be paid whilst awaiting outcome of appeal on earlier award.

If the LA decide not to award HB on new evidence, your friend will need to submit an appeal against the refusal of new claim.

 

Unfortunately, nobody on this site (other than you possibly) knows how much evidence the DWP and LA have or the details of the case against your friend, so therefore we cannot say whether HB will be awarded or not.

[id6052]

Yes, absolutely that's what the housing association want - but having come up against a council who wanted the tenant out at all costs - even doing some really reprehensible stuff - a good argument on the likelihood of a HB award being made at appeal, can be very effective on a judge. they really don't want to evict people unless they really have to. Obviously we really don't know the truth of what's been said, but the housing association will be limited as to what evidence they can present that the new claim won't succeed, as they won't have access to any data from the fraud investigation. If positive evidence can be presented that the ex in question is currently living elsewhere, then a good benefit/housing adviser could convince a judge to continue suspended possession.

 

Sadly i've seen HB appeals officers with no evidence of current fraud though there may be past fraud), refuse a current claim, even knowing it will get overturned at appeal, and that in the meantime the person will in all probability get evicted - like an extra punishment they are giving out for the fraud. One appeals officer definately was doing this as she more or less admitted it, and tried to things to mess the claimant's other valid claims for other benefits.

 

estellyn, i do applaud most of your posts, however as a HB appeals officer for 3 LAs, i would be shocked if any appeals officer would argue against an appeal if there was in sufficient evidence

 

in my experience, i consider any appeal purely on the evidence, i think i upset more staff (than claimants) by revising their decisions