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Ruby_Tuesday
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Hi....please forgive me if there is an answer already on here somewhere. I am very stressed and in panic mode today.

 

Ok... if a person is not claiming jsa or esa etc, and is not working or on very low earnings, I was of the opinion that they could advise the council of low or nil income with regard to housing benefit.......but how can they prove no or low earnings? I have just been told on the phone by the council that bank statements are not enough proof?

 

Any help appreciated

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Hi Ruby, hope you don't think I'm being nosey, can give you better info if I know what your circumstances are :-) Not judging or anything but the council will want to know how you are meeting your day to day living expenses, not just rent.

 

Anyway if you can expand a little on your situation it will be easier to get more specific help.]

 

thanks

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sorry....I went off in a panic and just got back online. Its actually my daughter, she signed off jsa and tried to start a cleaning business, just her cleaning houses etc, she delivered leaflets and did get some jobs regularly but they were literally £5 per hour and she only managed to earn about £15 a week some weeks and nothing other weeks. As a family we helped her out with money for food etc and she daily job searched and had scraps of cleaning work off and on. She had child maintenance and child benefit and the child tax credit each week, I think it worked out she had £30 week one, and £60 week two, and then if she earned anything that was extra. She has been billed for full rent and council tax and they say bank statements are not enough to prove her situation and if she isn't on jsa then she is liable to pay full rent and CT.......

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sorry....I went off in a panic and just got back online. Its actually my daughter, she signed off jsa and tried to start a cleaning business, just her cleaning houses etc, she delivered leaflets and did get some jobs regularly but they were literally £5 per hour and she only managed to earn about £15 a week some weeks and nothing other weeks. As a family we helped her out with money for food etc and she daily job searched and had scraps of cleaning work off and on. She had child maintenance and child benefit and the child tax credit each week, I think it worked out she had £30 week one, and £60 week two, and then if she earned anything that was extra. She has been billed for full rent and council tax and they say bank statements are not enough to prove her situation and if she isn't on jsa then she is liable to pay full rent and CT.......
hi, has she asked if they will accepted award notices from the Child tax credit and child benefit that's what my council asks for along with bank statements, hope that helps.
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Don't panic! just need to get the information they need.

 

ok a couple more questions then, is she still doing this cleaning business? If she is then she would be classed as self employed, which is still fine to claim Housing Benefit and Council Tax reduction.

 

Child maintenance and child benefit is disregarded from the calculation of HB and CTRS.

 

Bank statements aren't really enough because it would not show any money she got frm her family for food etc, - I am assuming you gave her cash? again this is fine but they need some proof of it.

 

Below are the reasons for a nil income assessment that the council can consider.

 

The claimant may be assessed as receiving nil income for the following reasons -

 

* access to funds is temporarily denied due to divorce proceedings, court injunction, interruptions to the transfer of money from abroad, or

* ineligible to claim IS/JSA(IB)/ESA(IR)/PC(GC) because the claimant -

- is a Person From Abroad, or

- aged 16/17 years old and not on a training scheme, or

- working voluntarily, or

- disputing eligibility with the DWP etc, or

- living off savings, or

- living off borrowed money, eg bank loan or overdraft, or

- a period of unpaid leave from employed work, or

- is assessed as NIL Weekly Net Profit from self-employed earnings

 

Below are the ways that the council can verify the nil income

 

Verification of nil income is not always possible because no assessable income is received, unless the income is from self-employed earnings

 

The LA must satisfy itself that the claimant has nil income

 

Where the claimant is -

 

* self-employed Nil Weekly Net Profit for HB/CTB purposes must be assessed, or

* not self-employed the claimant must show that he has -

- not deprived himself of a source of income in order to qualify for HB/CTB, and

- sufficient proof that he is not eligible to claim IS / JSA(IB) / GC, and

- sufficient funds to buy food, clothes etc (but not rent/CT) from eg, savings or borrowed monies, especially where he chooses not to claim IS / JSA(IB) / GC

 

 

It is reasonable for the LA to ask the claimant to sign a statement confirming -

 

- the reason why he has no income, and

- if and when the situation is likely to change, and

- that he will inform the LA when the situations changes

 

 

There is nothing to stop your daughter writing a statement to the effect that her family (you) were helping her out with money for food and bills etc. If you can then back that up with your own letter to them confiming this and approx how much was given then there shouldn't be a problem.

 

Oh and with regard to Child Tax credit, they would prefer award letters as Child tax credit can be complicated, if not find a bank statement with it showing and they can check with the DWP via an online service that they should have a link to.

 

I hope this helps you in some way, Please le me know if you have any questions.

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Thankyou so much for your help. I hope its not too late to help her. Shes been worrying about this and now its all built up to a big amount and I fear the time to do all this may have passed. I know they have time limits etc. She didn't want to worry me with it as I have bipolar and other illnesses. I will use the info you have given and help her compile what she needs and hope for the best. She hasn't been doing any self employed work now for a while as it hasn't been available but shes trying so hard to get a job, any job that she can do. I know something must come up eventually. Thanks again.

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  • 1 month later...

my neighbour was living alone and on esa in support group due to health problems. recently she has had a change of circumstances and her adult daughter and granddaughter have had to move in with her, its a one bedroom flat.

 

neighbour informed HB and CTR of the change. her daughter is on esa assessment phase, due to health problems that are likely to last quite some time and is awaiting referral appointment by GP.

 

the council have advised her today that her housing benefit has been reduced by £18 per week due to the change, but no change to her council tax?....we have tried to find a benefits calculator online but the only one we found calculated £14 to pay for rent and £4 plus a few pence for council tax. she spoke on the phone to benefits today as she had not had a reply from when she wrote to advise them of the change. They said they had sent the letter reply to the wrong address, her old address from 2yrs ago....great, but they couldn't see that her council tax relief had changed just the rent. They are apparently now resending the original letter.

 

I cant help thinking that both rent and council tax would be affected? the last thing she needs is a bill out of the blue for their error ....

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there are varying levels of deduction depending upon adult daughter's income - it would help if you could provide some basic info in relation to adult daughter's income - also level of CTR deduction can vary from council to council - as they are local schemes

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It is a weird process for sure - luckily(or not) I live with both of my disabled parents who are over pensionable age but you do not get FULL CTR any more. The household CT bill for this year was £66.60 for the 3 of us - I just pay it monthly via standing order at £10p/m so it builds up a little vredit for the next bill.

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Some people do get full CTR, often LA's give full relief to people in receipt of DLA. It's up to the LA to set the level of CTR for their area.

 

Ah, OK, didn't know that - both my parents get DLA so I guess the odd amount outstanding is because I am unemployed and have to pay a % ??? When I was working the CT bill for the household was around £480 which I paid

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ok well the neighbour is on esa support group but no dla or pip, the adult daughter is now on esa assessment rate of £72 per week, upto now the neighbour was paying no rent and only £4 per week council tax. The rent now payable due to daughter being there is £18 per week, and on the phone the guy said there was no change on the council tax.....I guess she will see for sure when the replacement letter arrives at the right address this time lol.......

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Ah, OK, didn't know that - both my parents get DLA so I guess the odd amount outstanding is because I am unemployed and have to pay a % ??? When I was working the CT bill for the household was around £480 which I paid

 

Again, that's not necessarily the case. My LA awards full CTR to people in receipt of DLA even if they have non dependant employed adult children living with them. It's up to each LA who they award CTR to and how much.

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I have just seen on a benefits calculator article that there is also a second person discount available on council tax and that if that second person is on certain benefits, esa being one of them, then their not taken into account, and something about the 25% discount for second persons in some cases, so yes its variable I guess. Certainly confusing.

 

She will need to ask how they work out the rent as it doesn't seem to fit with the online calculator, although I guess that could be outdated. The local council used to have their own one on the website but its gone now.

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I guess no central/national calculator can say how much CTR you would be offered as each LA is different and each LA constantly updates and changes their amounts. In the first year my LA required recipients of JSA to pay 8.5% of their JSA towards their CT and received the rest as CTR, then from April then increased the persons contribution to 10% so everything in each LA constantly changes making a central/national calculator difficult to maintain on this matter. Most LA's do publish their criteria and amounts on their websites though.

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well my own daughter went through the website last night, and yes you are right there was a calculator on there that my neighbour had missed seeing. We used it with her info and there is a difference in the calculated amount on the website and what they've said she has to pay, so she will write and clarify and ask how they worked it out and explain re the website calculator then just then get on with it lol.....also the letter re council tax is on its way to her so she will just go with that too.

 

Thanks to all for the input......I will update the final outcome in respect of those who have tried to help.

Edited by Ruby_Tuesday
computer froze and i missed some reply out
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Just to draw a line under this......the council have confirmed that due to the adult daughter being there and on ESA the amount charged for that weekly is £14.15, there is a communal heating charge on all these flats of £4.79 weekly which is added to that, and there is no change to the amount of council tax that neighbour pays. Whoever spoke on the phone had obviously been confused themselves lol as they had added both benefits together and said it was just for HB. All clarified now though and indeed was correct what was said on the calculator on the website. My neighbour is just relieved she can have them there and keep them all together as a family now, and its not a full rent charge.

 

Thanks again for all input.

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  • 1 year later...

About a year ish ago my neighbour had family move back home, an adult child and grandchild. Due to this my neighbours HB was reduced as there was a non dependant. They have been paying the required amount.

 

The grandchild was unwell at the time but only recently has had a diagnosis and begun treatment, the DWP have awarded high rate care for the child. Will this affect my neighbours HB? will she need to pay more rent as her daughter receives this benefit for the grandchild?.

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HI Ruby.

 

At first glance its not clear exactly if it will or not.

I would ask that she contact the council directly to get a general idea of how much she may gain or lose.

 

Please remember that councils and DWP have the right to claim back any benefit overpayments. Its better to get this done now than later.

Does she live in an area with Universal credit?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi fkofilee.....no we dont have universal credit here yet. The award has only been made on friday just gone. I have also just suggested they email the council and let them know. As you rightly say asap is best idea on advising changes.

 

I think there would be no problem if the daughter was in her own home, but there seems no information about non dependants with children. It isnt earnings so hopefully it wont affect them, its child DLA.

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