To receive a reply to my application for backdating before going before a tribunal

[resources]

I am self employed and my earnings vary a lot often for a short period oftime. My housing benefit claim was already close once because my earnings weretoo high. However the problem is that my earnings vary a lot often for asmall period of time and it is inconvenient for me to make a new claim forhousing benefit each time my earnings vary. I would like to know how to explainmy situation to the housing benefit department to avoid that my claim is closedeach time my earnings vary temporarily

I would like to know if there is a specific law for self employer or if I have to file a specific form

[mr_mastiff]

I am self employed and my earnings vary a lot often for a short period oftime. My housing benefit claim was already close once because my earnings weretoo high. However the problem is that my earnings vary a lot often for asmall period of time and it is inconvenient for me to make a new claim forhousing benefit each time my earnings vary. I would like to know how to explainmy situation to the housing benefit department to avoid that my claim is closedeach time my earnings vary temporarily

I would like to know if there is a specific law for self employer or if I have to file a specific form

 

Have you been on to your local council web site. The system may vary from place to place.

 

This is how LLC do it.

 

http://www.leicester.gov.uk/your-council-services/housing/housing-and-council-tax-benefits/what-documents-you-need-to-provide/self-employed/

[estellyn]

Yes, earnings should be averaged over an appropriate period. If this has not been done, your best recourse is to appeal the decision closing down the claim, requesting that earnings are averaged.

[resources]

I cannot access the website to which mr_mastiffrefers

because the following message appears

"Sorry,that page doesn't exist"

Moreover I would like to know which could be theappropriate period of time over which the earnings should be averaged onemonth, three months or six months ????

[estellyn]

I cannot access the website to which mr_mastiffrefers

because the following message appears

"Sorry,that page doesn't exist"

Moreover I would like to know which could be theappropriate period of time over which the earnings should be averaged onemonth, three months or six months ????

 

the averaging can vary - usually what gives a most representative picture of earnings. For an appeal, argue whatever period you want, though for self employment, I would usually go with 6 months.

[resources]

I rent a room in a house and I do not have my own letter box. As a consequence I have to rent a PO Box

 

I have asked to the Housing Department to send its correspondences to my PO Box to be sure that I received them. Hence the Housing Department sends most of its correspondences to my PO Box. Unfortunately the Housing Department sends also some of its correspondences to my geographical address. What cause huge problems because my landlord does not give me always all my correspondences and as a consequence my housing benefit claim was suspended several months ago and has now even been closed because the Housing Department blamed me for not responded to one of its correspondences sent to the wrong address i.e. to my geographical address and not to my PO box address.

 

I have always provided all the information requested by the Housing Department in its correspondences that I receive in my PO Box. I do not have face to face contact with the housing officers who deal with my claim so I phoned twice to the housing department to know why my claim was suspended and I was told each time that it was because the information I provided was being processed and that my claim will re-start shortly. On these occasions I asked also to the housing officer if a letter have been sent to my geographical address because I know that this happens. Each time the housing officer told me that he was not aware of any letter sent to my geographical address to which I would not have replied.

 

Hence I am wondering if there are not two services which deal my claim at the same time and one carries on sending its correspondences to my PO Box without the other service being aware that this happens.

 

Because my claim was closed I have to make a new application for housing benefit and in it I have to make an application for backdating so that to be paid from the time my claim was suspended many months ago. I would like to know what to write in this application to be sure to be paid and to avoid this same problem from occurring in the future.

[tomtom256]

Benefits are dealt with by the Benefits section .

 

A housing officer generally works for the housing association etc that delas with the rent or possibly the housing needs section.

 

The two are seperate departments and unless you rent from the council they will not generally share information or be aware of what the other department is doing.

[bio]

That post is slightly misleading tomtom.

 

The 'Housing' Benefit section will deal with the 'Housing' Benefit. You would not get two seperate departments dealing with a claim for HB.

 

It sounds to me like they are getting your 'correspondance address' which should be on your claim details, mixed up with your 'claim address'. You need to make it clearer to them where they need to contact you, and more importantly, why this is the case. This is for your benefit, as if you have a seperate address for correspondance, from where you live, it will always arouse suspicions that your claim may be fraudulent.

[resources]

My claim was already closed in the past because I did not reply to a letter sent by the Housing Department to my geographical address to which I did not reply because I did no receive it. Hence I already sent several letters to the Housing Department to ask them to send all their correspondences to my PO Box only. I invited also the Housing Department to send one of its officers to visit me at my home so that he can check that I really live at my geographical address. Despite this the Housing Department from time to time send me one of its correspondence to my geographical address instead of sending it to my PO Box. I think that it is not the same housing officer who sends its correspondence to my geographical address and who send his correspondence to my PO Box. Hence there should be several housing officers dealing with claim. And I do know what to put in my next letter to the Housing Department so that it makes sure that all the letters sent to me are always sent to the same address i.e. to my PO Box

[resources]

I am wondering if all this is not intentional.

 

The housing officers are always looking for an excuse to suspend or close a claim

 

The housing department may want to take from me with one hand what he gave me with the other hand. It is why private landlords do not like tenants on benefit because their claim for housing benefit could be suspended or closed at any time without any good reason

[resources]

I work as a self-employed and as a consequence I receive payments irregularly.

 

Some months ago I received a payment bigger than usual. I declared it as the same time as I provided others information requested about my savings by the Housing Department. My claim was suspended I received no correspondence telling me why. I phoned twice and I was told that my claim was suspended because the information I provided was being processed.

 

However I have just received a letter from the Housing Department which says that my claim was suspended because my savings were over the limits and that now it has been closed.

 

In fact I notice now that when I received the payment which was higher as usual my savings were above the limits. However I notice nothing at the time I declared it to the Housing Department because my savings were above the limits only by a few pounds and for only for two weeks. Then my savings decreased again below the limit

 

I declare this payment at the same time as I provided other information about my savings so I thought that my claim was suspended because these other information that I provided and not because my savings was too high because this payment bigger as usual

I would like to know what is the regulation which deals with savings which vary and are borderline?

 

I would like to know if the housing department has a duty to inform the tenant when a claim for housing benefit is suspended because the savings are too high? If I would have been informed I would have brought to the Housing Department evidence that my savings were again below the limit to have the payment of HB restarted again.

[honeybee13]

Hello there.

 

Is this thread anything to do with your recent thread please? If it is, it's better to keep the information together.

 

HB

[resources]

It is based on the same events but the issue raised is different.

 

In the previous thread the issue was if two services were dealing with my HB claim and it was why some of the correspondences were sent to my geographical address and others to my PO box and as a consequence I did not receive all the correspondences sent to me because I do not have my own letterbox and as a consequence my claim was closed because I did not reply to them

 

However the new thread deals with the issue of whether or not the Housing Department has a duty to inform me if it suspends my claim because my savings have been over the limits even by few pounds and for only two weeks

 

Anyway in the letter that I did not receive because it was not sent to my PO Box and which copy was sent to me later it is not stated that my claim was suspended because of my savings being too high and the subject of this new thread is to know if the Housing Department should have informed me of the reason why it suspended my claim.

 

I need this information to obtain from the Housing Department that it pays me the arrears of HB that it has not paid me for months

[estellyn]

The normal process when capital goes over the upper limit is the claim is ended and the claimant reclaims when they are back under the limit.

 

As far as I'm aware (please correct me if I'm wrong) there is no legislation on being 'borderline over' - you're either over (and claim closes) or you're not.

 

When you reclaim, also request backdating - if you were told the claim was suspended to be assessed and then you were only just told that, no, the claim was ended due to capital, then you should have good cause for backdating.

[resources]

1. I brought information about my savings as requested and at the same time I informed the Housing Department of a payment that I received which was bigger than usual. I replied also to a request from the Housing Department asking me if I wanted that their correspondences carry on being sent to my PO Box by saying that yes.

 

2. Then a letter was sent to me requesting further information about my savings. I was not able to reply to it because I did not receive it because it was sent to my geographical address and not to my PO Box and I do not have my own letterbox and my landlord did not give it me.

 

3. Then I received a reduced payment. Then I did not receive the payment that I should have received four weeks later. As a consequence I phoned to ask for explanation and I was told that there was no reason why I was not paid and that payments will restart to be made to me within one week but no reference to my savings being too high.

 

4. Two weeks later my payment of housing benefit had not yet restarted and as a consequence I phoned again and I was told that this was due to the fact that the information about my savings that I brought to the Housing Department was being processed but again no reference to my savings being too high

 

5. One month later I received by post a copy of an application form accompanied with a letter where I was invited to make a new claim what makes me understand that my claim was closed

 

6. Because in this letter there was no explanation about why my claim was closed I phoned and I was told that my claim was closed because I did not reply to the letter that was sent to .my geographical address and not to my PO Box. I ask to be sent a copy of this letter and also to be sent a letter where it is explained why my claim was closed but again no reference to my savings being too high. I ask again that all correspondences are sent to my PO Box

 

7. I received this letter explaining why my claim was closed which was also sent to the geographical address instead to my PO Box. Fortunately my landlord gave it to me even if he did this late. In this letter it was explained that two months ago the payments were stopped because my savings were too high making for the first time reference to my savings being too high and that my claim was finally closed one month late because I did not reply to the letter sent to my geographical address and not to my PO Box

 

I would like to know if from this chronology you see other reasons that I can use in my application to have my new claim backdated.

 

I would like to know also if there is a law which says that the Housing Department has to send at least one reminder when it receives no reply to one of its correspondences because no reminders were sent to me

[resources]

My claim for housing benefit was first suspended in June 2014 and

then it was closed on August 2014 but it was closed from the month of June 2014

 

I made a request for backdating of my claim for housing benefit to the month of June 2014.

 

 

I consider that the Housing department wrongly suspended my claim in June 2014 and

then wrongly closed it in August 2014 backdating its closure to June 2014.

 

 

It will take too long to explain you why but I think that I have good reasons to have made this application for backdating

 

I have just received a letter from the Housing Department which says

“Thank you for your letter of the...

. December 2014 in which you asked me to look again at our decision to end your claim from the ....June 2014..............

 

 

I have considered your request but find that I cannot revise our decision..........

 

However it seems to me that I made an application for backdating

and not to have the decision of Housing Department to end my claim from June 2014 reviewed.

It seems to me that it is not the same thing but I do not know if I am wrong

 

In this letter the Benefits Assessor invites me if I disagree to write within one month requesting to have my case considered by a tribunal.

 

I would like to know if I should have been given a reply to my application for backdating

and I should have the right to have it reviewed before going before a tribunal.

 

 

For the reason that to go before a tribunal it is complicated and it takes time.

I would like to be sure that I have exhausted all others possibilities first.

 

Moreover my application for backdating was accompanying by a very long letter.

 

 

However the Benefits Assessor does not a make any reference to the contents of this letter in the letter that he has just sent to me.

 

 

Hence I would like to know also in which conditions I can request a written Statement of Reasons before going before a tribunal.

[antone]

Not sure I follow. Have you made a new claim for HB and are requesting that it should be backdated to June 2014, on the grounds that your old claim should not have been closed at all? In other words, is it your position that you should have been entitled to HB continuously from the date they closed your claim until the present? If so then yes, you are in effect asking them to review the decision to close your claim in June 2014.

[resources]

The problem is that my claim was closed in August 2014 and not in June 2014.

 

 

In June 2014 it was only suspended.

 

 

However when the Housing Department closed my claim in August 2014 it did as the closure takes effect from the beginning of June

not to pay me from this date.

 

Moreover my claim was suspended in beginning of June 2014 because I have too much savings.

 

 

Hence I did not ask to have my renewed claim backdated to the beginning of June 2014

but to the middle of June 2014 when my savings where again below the limit.

 

 

However the letter I have just received make reference to my request to review the decision of the Housing Benefit

not to pay me from the beginning of June even I did not do such request

[dx100uk]

several threads on the background for this issue merged for history

 

 

dx

[id6052]

what date in June did your previous award end?

 

did your award end as you no longer qualified? or was it terminated for a failure to provide evidence?

 

what date did you ask for your new claim to be backdated to?