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    • Hi T911 and welcome to CAG. As you say, an interesting screw up. So much for quality control! Anyway, our regular advice is to ignore all of their increasingly threatening missives... UNLESS you get a letter of claim, then come back here and we'll help you write a "snotty letter" to help them decide whether to take it any further with their stoopid pics. If you get mail you're unsure of, just upload it for the team to have a look.
    • Thanks @lolerzthat's an extremely helpful post. There is no mention of a permit scheme in the lease and likewise, no variation was made to bring this system in. I recall seeing something like a quiet enjoyment clause, but will need to re-read it and confirm. VERY interesting point on the 1987 Act. There hasn't been an AGM in years and I've tried to get one to start to no avail. However, I'll aim to find out more about how the PPC was brought in and revert. Can I test with you and others on the logic of not parking for a few months? I'm ready to fight OPS, so if they go nuclear on me then surely it doesn't matter? I assume that I will keep getting PCNs as long as I live here, so it doesn't make sense for me to change the way that I park?  Unless... You are suggesting that having 5 or so outstanding PCNs, will negatively affect any court case e.g. through bad optics? Or are we trying to force their hand to go to court with only 2 outstanding PCNs?
    • That is so very tempting.   They are doing my annual review as we speak and I'm waiting for their response once I have it I will consider my next steps.    The debt camel website mentioned above is amzing and helping to. Education me alot    
    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
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Part Time Work


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Good Afternoon

 

I am not sure if this is the correct thread so please if needed to remove to the correct thread please do so..

 

I had been signing on for about a year, until i landed myself a nice part time job in a clothing shop, I signed off from the local job Centre, but due to me renting a property i still needed help with my rent. I was told by the Local Housing Benefit office that if I worked part time I would have to contribute 20% only towards my weekly rent, which was not to harsh.

 

I obtained as requested from the Housing Benefit a letter of proof from my new employer that I would be working 16 hours over three days, at a starting hourly rate of £6.70 an hour rising to £7.20 an hour once the new rate came in April. I have had problems with the local Job centre for the past 6 months, stopping my benefit due to my own problem caused by signing on late on a few occasions, but now I do not claim any Income Support or JSA from the 15th March 2016.

 

Today (11th April 2016), i received a letter from the housing stating that I would have to pay full rent due to that the local job centre had informed them that I was working 16 hours which the job centre had stated to the housing is classed as full time work. after a lengthy discussion with the job centre they were strong on their opinion that 16 hours is full time. The JC advisor could not be more strong on their opinion of this, but after many discussions with local business's and work agencies I was told 16 hours is classed as part time as long as I had a written proof form the employer.

 

The advisor went on to say to me that the Employer was wrong and that 15 hours is now part time not 16. and that he had to change the letter and drop my hours. Now they have stopped my claim for housing benefit on the say of an advisor from the JC even though i no longer sign on and no in receipt of any JSA or Income Support.

 

Now my question is please - Is 16 hours classed as full time or part time ?

 

Thanks in advancer for any help on this dilemma.

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my income is paid over a 2 week period - I am now on £7.20 an hour due to the increase, my current earnings for the past 4 weeks is £444.80 - my rent is £380 a month, the current max rent they pay out weekly is £86.23 which equals £362.16.....My benefit was £146 fortnightly and now my wages income is £230.44 - £84.44 difference every fortnight.

 

I should to pay apparently 20% towards my rent fortnightly which is £72.42 - its just the fact they say 16 hours is not part time but full time work,

 

Thanks for the reply

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As above, housing benefit is based on income and circumstances, it should not matter how many hours a week you work. I can't work out exactly how much benefit you would be entitled to as this will vary according to your age, circumstances and where you live.

 

If your council insist that the number of hours you work is relevant, ask them why.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Are you claiming working tax credit and are you claiming as a single person? Housing benefit and council tax relief is based on your total income . For jobcentre purposes if you are working 16 hours or more I believe you have to sign off and are considered to be 'full time' ( another manipulation of the employment figures) and have to claim other benefits to top up your wages.

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Right, I think what's happened is that your "passported entitlement" to HB has ended because you are working over 16 hours per week and yes, the Jobcentre does class this as full time. However, that doesn't mean that you're not entitled to any HB at all.

 

Contact the Benefits Office at your council and explain the situation. Tell them that although you're no longer receiving JSA, you're still on a low income and wish to claim on that basis. They may ask you to fill in a new claim form, and they'll probably want to see bank statements and payslips as proof of income. You may need to send them payslips regularly to confirm that your income hasn't changed.

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Are you claiming working tax credit and are you claiming as a single person? Housing benefit and council tax relief is based on your total income . For jobcentre purposes if you are working 16 hours or more I believe you have to sign off and are considered to be 'full time' ( another manipulation of the employment figures) and have to claim other benefits to top up your wages.

 

I am not working above the 16 hours, I am not in receipt of tax credits a I am a single person and am not working the 30 hours to apply for that. What I am trying to establish is 1. Is 16 Hours Only classed as Part Time or Full Time ? - Not one minute above i work so your saying as my income is low, the housing benefit should take in to account my income only, i need that to be correct 100% ? . The Job Centre have told me 16 Hours only is part time and now I have a serious dilema that they are billing me full rent and council tax, with earnings of 440 a month and my Rent and CC coming to 459 a month where is this correct.

Edited by DPG
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my income is paid over a 2 week period - I am now on £7.20 an hour due to the increase, my current earnings for the past 4 weeks is £444.80 - my rent is £380 a month, the current max rent they pay out weekly is £86.23 which equals £362.16.....My benefit was £146 fortnightly and now my wages income is £230.44 - £84.44 difference every fortnight.

 

I should to pay apparently 20% towards my rent fortnightly which is £72.42 - its just the fact they say 16 hours is not part time but full time work,

 

Thanks for the reply

 

When I applied for the Job i went to HB to make sure of the situation regarding my rent, they said and I Quote 'You will have to pay 20% towards your rent due to only working 16 Hours' Now this is all confusing for me, and very stressful

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I missed the part where you said you were working exactly 16 hours per week. The rule is basically "16 hours or more" per week, so that will be what has stopped your passported HB entitlement. When claiming JSA you automatically get full HB to cover all of your eligible rent. Once your JSA claim stops that automatic entitlement also stops, but you can still claim HB based on your low income, and that is what you should do urgently.

 

It doesn't matter, from an HB point of view, whether your work is classed as full time or part time - it is assessed based on your income. I don't know about the 20% thing - it's not a rule I know about, and I suspect there might have been a miscommunication somewhere.

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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