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    • Hi all im looking for advice when it comes to council tax liability for a new home if an eviction is started for our old home but then suspended due to court error and pandemic causes further delay in proceedings.   The short story is i'm a disabled carer getting legacy ESA and carers allowance who has lived in his own home for nearly 20 years with mortgage as leaseholder. (SMI loan helps with mortgage interest). Also terrified of the UC migration that a change of circumstance will cause so dragging my feet tbh.   Just before the Pandemic the freeholder of our "old home" obtained a dubious possession order and we received notice of eviction before the pandemic so signed a tenancy for a "new home" that we where grateful to be accepted for in a new local authority district. As a result we stopped paying the bit of mortgage interest we needed to pay in our old home in favour of paying the rent for the new home out of our own pocket but before we could move into the new home proper and tell the DWP about a change of circumstance to get the rent paid (natural migration to UC?) the pandemic locked us in our old home!   Now we still haven't moved because the possession order was set aside when the courts re opend post first lockdown because of court error but possession proceedings are still ongoing with the added bonus the mortgage company is now involved and there legal fee's alone have been added to our mortgage balance effectively consuming all equity that was left in the property, thus our long term plan to sell, settle debts and move into rental is destroyed.    The new home awaits us and we spend a couple of days a week there, we have been able to put cheapest carpets in and blinds and moved some stuff in. We pay the rent out of our small income for security to avoid homelessness but we cant abandon the old home yet because thats likely a bankruptcy for certain if we just hand it to the mortgage company..   Believe it or not this is still a council tax question because the council where the new home is want there council tax and have demanded hundreds but obv we cant claim CTR yet as we havent formally had a change of circumstance due to the delay in eviction and im not sure they will like whay i have to tell them.    So the primary question is will the council be able or even willing to reduce or cancel the liability for the new home under these circumstances until we actually get evicted formally from the old home?   I think when you have title to a property you cant claim help with rent on another property and rightly so even in times like this...   We also worried about losing the new flat because being housing association we supposed to live there as our main home but have been delayed moving as described, its pretty certain we are getting evicted in the new year one way or another then insolvency might follow that depending how it occures we are just trying to find a path to avoid insolvency, benefit fraud and homelessness and deal with the council tax in the new home to! Not a small task during a pandemic! Its a tricky customer this any help welcome...  
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Jobseekers Allowance Query


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Hi

 

I have recently applied for jobseekers, the first time in my life I have ever claimed any sort of benefit.

 

I have been told I have not paid enough in NI to qualify ????!!!

The 2 tax years they are using to access my claim are

2011 I earned £20115.00 and paid £1849.00 in NI

2012 I earned £38494.00 and paid £3767.92 in NI

 

I cannot believe I have not paid enough NI, can you. Any help or advice would be appreciated.

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Hi

 

I have recently applied for jobseekers, the first time in my life I have ever claimed any sort of benefit.

 

I have been told I have not paid enough in NI to qualify ????!!!

The 2 tax years they are using to access my claim are

2011 I earned £20115.00 and paid £1849.00 in NI

2012 I earned £38494.00 and paid £3767.92 in NI

 

I cannot believe I have not paid enough NI, can you. Any help or advice would be appreciated.

In simple terms, there are two types of benefit for Job Seekers.... the first is based on National Insurance Contributions, and the second is not.

 

There should be no problem... and provided that you dont exceed the savings limits, you should receive confirmation of the amount you will get in due course.

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Hello and welcome to CAG.

 

I'll move your thread to the benefits forum and leave you a redirect from here. Rebecca's given you some good information and other people may be able to add to it.

 

My best, HB

Illegitimi non carborundum

 

 

 

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There are TWO contribution conditions and both need to be satisfied to qualify for JSA. The first is that class 1 contributions have been paid or treated as being paid or credited and must be at least 26 times the LEL (lower earning limits) The second one is that Class 1 contributions have been paid or treated as being paid or credited and must be at least 50 times the LEL for each of the last two complete tax years before the start of the benefit year.

 

LEL = £107 p/w

Did you claim for JSA (IB) at the same time? x

Edited by scotgal68

scotgal 

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Hi Thanks for your reply. As I have never done this before I just filled in the forms at the job centre as requested and no one mentioned what the requirements were or that there were 2 types.

 

Does that mean that

one type you have to have paid 26 x LEL ( £107 ) =£2782

type 2 50 x LEL =£5350

this seems an awful lot and a lot of the people there I spoke to ( IE jobless not staff ) have only been earning £12,000 + ??

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You have to have paid enough conts in the two relevant tax years, in your case 2010/11 2011/12. This applies only to the JSA© element. The JSA(IB) is not based on contributions but things like savings, pay in lieu of notice or why you left your job and if you have other income, ie from a partner, can affect entitlement.

You should qualify for JSA(IB) if you meet the conditions. I've not worked in JSA for years so I'm not up to date with

conditions of entitlement x

scotgal 

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did you make your claim in 2012 or 2013?

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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  • 1 month later...

My husband has just had the same problem. The jobcentre said he was not entitled to contribution based JSA as he had not had enough contributions. We did not believe this so we wrote to HMRC for a breakdown which they sent to us and we sent this to DWP. They totally ignored our correspondence asking them where they got their information regarding NI contributions and sent them the report from HMRC. Only by getting in touch with our local MP who wrote to them on my husbands behalf did we get a reply to our queries. On receiving correspondence from our MP they finally wrote back to us (nearly 12 months later). They apologised that they had made an error when processing our claim(what a suprise), but they said they would not pay him JSA because failed to continue signing on. The reason he did not continue signing on was that they said we was not entitled to JSA. It is worth checking with HMRC about your NI contributions because the DWP do not know what they are actually doing. They have since sent my husband a 17 page claim form to complete for a very small sum for the 3 weeks that was signing on. He is refusing to send this back to them as it is a waste of taxpayers and our resources. What a shambles for a government department. My husband has been working since he was 15, now 62 and them saying he has not paid enough contributions!

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The Jobcentre can make and does make mistakes when calculating entitlements. If you make a complaint make sure you send it to the Benefit Centre, not the Jobcentre. I believe the BC's have the last word over entitlements.

"Ask not what your country can do for you, ask what you can do for Poundland"

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We sent all our correspondence to DWP in Birmingham not the local job centre as they have really bad record in making errors. They made an error on my daughters Housing Benefit some time ago when she was going through a bad time and are making her pay back £1,500, they even admited it was their fault in miscalculating it but said she still had to repay it even though she appealed in writing. She is not receiving housing benefit now only child tax credits and statutory maternity pay until she goes back to work next month. She is really struggling financially and paying this back each month is making matters worse. I believe if they make the error then you should not have to pay this back. I hear the same thing over and over again about them making these errors and forcing you to repay the money.

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