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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Housing Benefit - under 35 but exempt


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I sent an email with a scan of the rent increase, and suggested exactly that, Brig! I praised today's clerk and HO, and told them last week's fiasco caused me unneccessary stress and ill-health.

 

Well done,may be worth a short e-mail to the CEO praise for today, complaint for last week, I know he does act.

I've got an elderly couple with health problems nearly £60 a week on DHB, by going to the top.

 

Have a great Christmas sezzy.

 

Brig.

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I just thought I should let you know that I have just spoken to CBC (I noticed they'd made an error with my postcode, for some strange reason!), and I thought I would ask if their stance was still the same regarding the shared/single room rate. They have admitted they made an error and the housing officer (a different one from last week's, who also happened to work for the DWP previous) is going to sort it this afternoon. I even had an apology for all the stress it caused me which subsequently made me very ill over the weekend, and for the treatment I got from the other clerks and housing officer.

 

Thank you SO much all!

 

Excellent, this is good news - I would be inclined to do as Brig says and follow up with a letter to the CEO confirming that whilst now resolved, this situation has caused no end of grief for you.

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Yes I will definitely follow up with a letter to the CEO. The lady today suggested, even though I have the HB reinstated as before, that I apply for Discretionary HB as well because I still have a considerable short fall. I shall mention this to the CEO too, especially after what Brig has said about that.

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  • 1 month later...

I am having exactly the same problem with Slough Borough Council. I am under 35 in private rent one bed. I receive middle rate care DLA, no one receives carers allowance for me, which should make me exempt, but they are still adamant on paying single room rate. I have Bi-polar 2 and have already been hospitalised over the stress this is causing me. I have been fighting for months to stay where I am, but now I have 4 weeks before I am to be evicted. Someone please help!!

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I am having exactly the same problem with Slough Borough Council. I am under 35 in private rent one bed. I receive middle rate care DLA, no one receives carers allowance for me, which should make me exempt, but they are still adamant on paying single room rate. I have Bi-polar 2 and have already been hospitalised over the stress this is causing me. I have been fighting for months to stay where I am, but now I have 4 weeks before I am to be evicted. Someone please help!!

 

Have you got in touch with someone like Mind?

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http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf

 

Page 27

Severe Disability Premium included in benefit assessment

2.080 Under 25 year olds, single customers over 25 or couples who have no dependent children and who have the Severe Disability Premium included in their benefit assessment, will have their benefit allowance based on the one bedroom LHA rate whether or not they share accommodation and regardless of its size.

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sonnyboypride, try using the following as a letter

Dear Sirs

I refer to my Housing Benefit in respect of:

Address

I would like to request that the applicable local Housing Allowance rate be revised to the one bedroom self-contained rate on the basis that I am entitled to a Severe Disability Premium and am therefore exempt from the shared accommodation rate.

Details of the pre January 2012 SDP exemption can be found on page 27 of the DWP LHA guidance manual http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf I note that this makes reference to under 25s.

In January 2012, the DWP extended the shared accommodation rate to most 25 to 34 year olds, however those entitled to SDP were excluded from this change. See page 3 of the DWP communication on this change http://www.dwp.gov.uk/docs/sar1.pdf

I would therefore request that you immediately revise my award to the one bedroom self-contained rate.

If you are unable to do so, please: -

 

  1. provide a full written explanation of such refusal, including the specific regulation/legislation
  2. treat this letter as a request that the matter be referred to Her Majesty’s Courts and Tribunals Service for an appeal hearing
  3. treat this letter as an official complaint for maladministration in that the Council is failing to apply the relevant legislation correctly
  4. treat this letter as a request for a discretionary housing payment

Please also acknowledge receipt of this letter within 5 working days of receipt.

Yours faithfully

Edited by id6052

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Also copy letter to the Council's

 

  1. Chief Executive
  2. Housing Benefit Manager
  3. Complaints Manager

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Why are you not receiving a Severe Disability Premium?

 

What incomes/benefits do you receive?

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Sonnyboypride

 

You should be receiving a Severe Disability Premium, as part of your ESA and/or HB, as long as:

 

  1. you are in receipt of DLA(care) at middle or higher rate
  2. you live on your own
  3. nobody is claiming Carers Allowance for looking after you

If you are receiving income related ESA, then your ESA should include your Severe Disability Premium - paragraph 6, Schedule 4, ESA Regs

 

If you are receiving contribution based ESA, then your HB should include your Severe Disability Premium - paragraph 14, Schedule 3, HB Regs

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£99.15 is the amount payable for ESA for person aged over 25 in the Work Related Activity Group.

 

However based upon the information you have provided, you should also be entitled to a Severe Disability Premium, which would increase your ESA to £157.35 per week.

 

You need to apply to DWP for a revision under paragraph 6, Schedule 4, ESA Regs.

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