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Legal matters

im hoping someone can help me housing benefit related

13 replies

issey6cats · 21/10/2013 16:13

hope i can get this in order and make sense
january 2013 my hours at work went down to 12-13 hours a week NMW
working tax credits stopped
housing benefit determined at £330 a month rent £400 a month
september 2013 i did some overtime 10 hours a week for 3 weeks
they requested wage slips to show this i complied
then i got a letter back from them this week saying that they have overpaid me £558 housing benefit averaged out from april 2013
and a bill to say i owe council tax £338
they have also reduced my housing benefit to £220 a month and are going to take the overpayment out of this
and have given me 3 months to pay the council tax

so from £300 a months wages
i would have to find £190 rent and £100 a month council tax
if they do this even paying the council tax back at £50 per month this will leave me with just £15 a week to pay gas, electric, water rates, food, television license,
i have written an appeal letter to say all this does anyone know what my chances are of this appeal being successful, i realise i will owe them some housing benefit but i expected a letter to say that i would not get any housing benefit for just one month not that i would be unable to have electric gas or food in my house for the forseeable future

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Rockchick1984 · 22/10/2013 13:48

Did you explain that it was temporary overtime, not permanent change in salary? If so, and if you're happy that they have worked out the amounts correctly, you need to appeal the amount per month they are claiming back from you, if you show them that it would cause you severe financial hardship to repay it in the time they have asked you to.

Do you have dependant children so you would also be receiving child tax credits and child benefit? Are you claiming JSA to top up your wages as you're working less than 16 hours a week?

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JuliaScurr · 22/10/2013 15:37

www.turn2us.org.uk/

they might help

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issey6cats · 23/10/2013 12:46

hello rockchick yes i did explain in the letter that im taking in to them tommorrow that i just did a bit of overtime over a short period not all year since april, no im in my fifties so no dependant children and didnt think i was entitled to jsa as i earn just over the limit for jsa which is £71 a week, what i am appealing is the amount that they have reduced my housing benefit to and that they will be taking any overpayment back out of this which will leave me with no money whatsoever for bills, food, etc i am in bits over this

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ClayDavis · 23/10/2013 12:50

I usually get a much better response by phoning the housing benefit office. They are usally happy to renegotiate payments as long as they get the money in the end.

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issey6cats · 23/10/2013 13:00

clay i phoned them when the letter came and they then said bring in print out of my schedule for the next few weeks which i did and they didnt even look at them told me being averaged from april if you dont like decision need to appeal in writing they dont care just total jobsworths

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ClayDavis · 23/10/2013 13:07

Ah. You have got total jobsworths then. Sorry. In that case I think the letter is your best bet.

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ClayDavis · 23/10/2013 13:12

Posted too soon. I'd make sure you include information about your salary and your rent with the letter if you haven't already. I wouldn't include the documents but make sure they have enough info to reasses the claim. Also ask them for a reason why the claim has decreased.

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issey6cats · 23/10/2013 13:12

thank you for coming back clay wiill take the letter and paperwork in tommorow and pray that i get at least some money to live on in the near future believe me i hate having to even claim housing benefit but work put my hours down and i cant do anything about that and not many other part time jobs that would fit in with the hours i work there

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ClayDavis · 23/10/2013 13:19

I know its a pain. The only saving grace in my case is that my hb department and reclaim department are lovely and human so i've nevrr needed to write to correct an issue.

Actually. Are the people responsible for the claim the same department as the people responsible for collecting ovrrpayments. If you dont get the decision overturned you may be able to either pay as a lump sum if possible or lower payments over a longer period of time.

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minsmum · 23/10/2013 13:36

Right if they have averaged it out they will have taken your year to date figures from the last payroll you provided so that is easy for you to check. It is earned income less any tax and national insurance you have paid divided by either the week or month number on the payroll.
First check that you agree with the figure that they have used. If they don't agree write what you think it is and why and ask for a reconsideration.
If the figures agree you can write to the overpayments section and explain how you can't afford the repayments give details of your outgoings.
Apply for a dhp they will send you a form.
Don't forget that if your earnings go down this month the year to date figure will go down and so will the average. So send in this month's payroll to.
You have the right to apply for a reconsideration then an appeal then I think it's a tribunal.
Get help from cab and good luck

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minsmum · 23/10/2013 13:38

Sorry that should have said payslip Damn phone

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issey6cats · 23/10/2013 15:27

thank you minismum that is basically what i have said in the letter so hopefully i will get a good outcome, the figure ive earned is the same as they have said, but i have appealled the fact that from this month they have reduced my housing benefit before taking back any arrears which will leave me with virtually nothing to pay my bills and eat, and i cant understand why my council tax has gone up by over £300 when after discount for single occupancy they are asking me to pay 50% of tax for year on what most people earn for full time work when my earnings are no where near a normal 40 hour week

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minsmum · 23/10/2013 22:21

ask for a DHP which is a discretionary housing payment. Local authority's have been given money to help people out on a short term basis.

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