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Upper tier tribunal hearing me vs local authority

6 replies

poormanspombears · 14/02/2023 17:55

Apologies for the long thread.

I have an upper tier tribunal hearing tomorrow.

I won the first tier tribunal hearing but the local authority appealed it. The judge agreed to hear it based on their opinion that the LA have mishandled all their cases based on how they're handling mine.

I'm absolutely in pieces. I'm not sleeping, I'm agitated and frustrated. I'm worried that the LA are going to win even though the first judge thinks I have a good case.

Basically, I was in a homeless unit but was on UC. Because I was claiming the housing element of UC, this was removed and I had to apply for housing benefit. UC stipulates that I am considered a claimant as long as I receive a statement, whether it's £0 or £1000.

The LA are trying to argue that because I was on a £0 statement, I wasn't a UC claimant, even though every UC advisor I've spoken to, and the first tier judge, disagree.

They are trying to seek payment of £2400 of housing benefit that they think I wasn't eligible for.

They have £800 ish already because I was paying it back but the first judge told me to stop. The LA then refused to return as they were appealing.

This has been going on since 2020 and I'm so exhausted, and poor, and tired and angry.

Has anyone got any advice to ensure I keep a level, factual head and try and win this?

OP posts:
RedHelenB · 15/02/2023 06:45

If you weren't receiving UC, what were you living off? Were you earning too much to be eligible for housing benefit?

SD1978 · 15/02/2023 06:59

Did you have to pay housing costs whilst in the unit?

Florissant · 15/02/2023 07:46

How much money did you receive for housing versus how much did you pay when you were in a housing unit?

poormanspombears · 15/02/2023 07:51

The homeless unit costs were £165 per week.
I was claiming the couple and child element, but because it was accommodation provided by the local authority, UC were not allowed to continue with housing element.
My DP was working full time and I had one child in childcare which I claimed through UC also.
I was on maternity leave which counted as earnings.

OP posts:
poormanspombears · 15/02/2023 07:52

We received the LHA for 2 bedrooms ( we private rented a 3 bed but only qualified for a 2 bed as our children were both under 10
At the time)

OP posts:
JimDixon · 15/02/2023 08:11

You may get better answers here:

forums.moneysavingexpert.com/categories/benefits-tax-credits

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