Are council obliged to notify in writing about suspension of Housing Benefits?

[san_d]

I had been receiving both JSA and Housing Benefit for over 12 months. My landlord is private and I actually pay much more than I receive in Housing Allowance (£55 a week). My council has stopped paying HB on the 4th of May. I have received so far no written notification about it.

 

Two weeks later I called the HB centre helpline (in Birmingham you can't just drop in, you have to call the call centre) and a lady told me that payment had been suspended because the DWP had notified a change of address, which by the way has never happened. So I assumed the fault was on the DWP side and the Council did what they had to do and suspended payments. I then sent them a letter with all documents showing I still live there.

 

They replied to me a couple of days later saying they had acknowledged receipt and they would let me know of the outcome, anyway without confirming the suspension nor mentioning any reason for it.

 

Now, 5 five weeks later, I still have no written explanation and no money coming in.

 

Next week I'm going to call them again but I would like to know from you if the Council behaved correctly and if it is better to write to them and complain. Did they have to notify me in writing? How long have they got before reinstating payments?

 

Thank you for your attention.

 

San_d

[Guest amianne]

Whilst I have no experience of a suspension of housing benefit, I do have some experience of the suspension of a welfare benefit.

 

In August 2010 the benefit just stopped being paid.

No letter was received and so I assumed it would sort itself out.

This went on and on with the DWP asking for information about self employment.

 

I wrote back and told them that the information would be available after the 31st March 2011.

Nothing further happened, no more letters, no money, nothing.

On the 29th March 2011 I received a letter telling me that the benefit claim was closed forthwith due to my failure to submit the self employment information and that the date of cessation was to be August 2010 (when I last received a payment).

 

After an extensive campaign of letters and phone calls the DWP told me that the claim had been suspended in August 2010.

They also told me that it wasn't a suspension as suspensions go, the computer suspended the benefit automatically and as such they (the DWP) were not required to comply with any of the regulations appertaining to the suspension of a benefit

(letters, time given to rectify the failure etc etc - under those regulations they are also required to consider if the suspension would cause hardship and if it did, then the suspension could not go ahead).

 

Maybe you have the same thing. Their computer suspended the benefit and as it wasn't a member of their staff that carried out the action they were not obliged to contact you or comply with the same 'Suspension Regulations'.

http://www.dwp.gov.uk/docs/ch-02.pdf

http://www.dwp.gov.uk/docs/a11-2009.pdf

 

http://www.dwp.gov.uk/docs/hbgm-c8-suspension-and-termination.pdf

[ErikaPNP]

They are supposed to notify you in writing of any changes to your benefit within 14 days or as soon as reaonably practical thereafter. However the difficulty I see with this one is that they were under the impression that your address had changed. As such, it would be an issue of data protection to send the information to an address that they had been advised you no longer resided at. That deals with the original suspension.

 

Since then you have written to them from your address with evidence that you are living there so I see no reason why they cannot notify you of the suspension in writing unless it falls in line with what the PP mentioned which may well be the case if it was a notification from DWP that sent the wheels in motion.

 

The information on notification is contained in section 90 of the Housing benefit regs 2006.

[Caz215]

If you just sit back and do nothing then thats what you'll get...................... so to ensure you have full rent paid you need to get back at them do not leave it for weeks as they will use the excuse that they don't back date a claim even if its their mistake or even if its the DWP's mistake they will always treat you as if its your mistake.

Keep on at them until its sorted out, most times they will not notify you about stopping payments and you have to pester it out of them to get it sorted.

[san_d]

I've called the council today and they say they'll resume payments shortly. Regarding the written notification they say "they should have sent it" and if I haven't received it then it's my fault. (???)

[jadeybags]

I wasn't told when they suspended mine a couple of years ago. The first I knew was when I got a letter from my landlord saying I was 5 weeks in rent arrears! I was on full housing benefit then. That was to do with me not notifying them of a change in tax credits. I THINK.

As an over payment letter was sent to me for 120 pounds a few weeks after. Even when I rang them when I got the letter from the landlord I was none the wiser, the lady just said they thought I had been over paid but I hadn't so wheels were now in motion to pay the arrears. Which they did.

It was a bizarre time & I still don't know for sure what the real problem was. A few months later it became apparent that my housing benefit was an utter mess up. Which is a whole different thread.

[san_d]

Apologies if this matter has been dealt with before on this forum but due to circumstance I am very upset and I need a clarification.

 

I am on JSA and Work Programme. I will sign tomorrow and them I won't have to sign or visit the WP provider for another two weeks. I've just been contacted by the consulate abroad that informed me that a very close relative is terminally ill abroad and has days to live. I can prove this as I have an email from the embassy.

 

I am planning to leave soon just for 3-4 days just to give pay my last goodbye and come back, as I cannot afford to stay for too long. I have checked other theads on this forum and also on other consumer forums. It looks to me that the general consensus is that I should just sign off completely and file for a rapid reclaim when I come back. I wonder if there are any alternatives to that.

 

1) Can I avoid signing off and just the days abroad deducted from my JSA? I 've looked at this page:

http://www.direct.gov.uk/en/britonslivingabroad/moneyabroad/dg_4000102

 

Entitlement will depend on whether your stay abroad is temporary or permanent. You can continue to claim some benefits while you are abroad.Claiming when abroad You must let your social security office (or Jobcentre or Jobcentre Plus office) know that you are going abroad. If it is only a temporary move, then give the date you are planning to come back.

The above mentioned doesn't state that I have to sign off. What is your opinion?

 

 

2) Do I also have to inform the WP provider? Can they object?

 

I'm looking forward to your replies as I am a bit upset ad I need to take urgent decisions. Thank you.

[speedfreek]

I don't really know and if you can I'd call the DWP and ask them. Plus have a word with the CAB or any other advice service for clarification.

 

As the rules seam to be different if you are on Contribution or Income based JSA. (That link of yours I think is for a different thing)

 

As the bellow seams to say if you inform them then yes for a certain time period you will be allowed to keep claiming if it's in the UK. But I can't easily say (nor do I know) if the same rules apply for going abroad. For yourself/accompanying a family member for treatment and a funeral seams to be allowed so....

 

http://www.dwp.gov.uk/docs/dmgch21.pdf

 

Read the definition of a close relative and do they fit into it

 

search for 21129

 

Deaths, funerals and domestic emergencies

 

search for 21332

 

As for the WP see what the DWP say you have to do 1st. Because even if you sign off for the period and do a rapid reclaim you're still attached to your WP provider for a minimum of 2 years. To avoid any confusion with them I'd tell them what's happening and I doubt they'd mind especially if the DWP have okayed what you are doing.

 

There's a chance somebody here might know but your question may take a bit of time for the right person to appear. Which I appreciate you may not have so I run with asking the DWP and post up what they say as it might help others.

 

If you have to sign off and on again if you claim any other benefits you'll need to inform them. Probably need to inform them about going abroad and find out their rules for it too.

[lilly of the valley]

Hi San_d,

 

I can understand your situation and know that it seems to be something you can do without in signing off for the few days you wil be abroad. I am due to go abroad for 1 week and will most definately be signing off, the reason for this is that JSA means what it says, it is a benefit for one who is seeking employment, whilst I am away I will not actively be looking for work and again if the job centre was to call whilst I am away to attend an interview this would not be possible.

 

I say that to say this, whilst you are going abroad you will have to sign off. I know this seems unfair as you are only going to be away for a few days but lets face it, they will not change the rules fo suit us.

 

I hope all goes well with you hon.

 

L x

[san_d]

Thanks speedfreek and lilly, I'll speak to the JSA adviser today and I'll update this thread.

[san_d]

I've just spoken to the Jobcentre, they say there's nothing else to do than to sign off. I have also called the council, they say I would have my HB suspended for that period because I would be abroad even if I have no income.

Edited July 17, 2012 by san_d
spelling

[osdset]

I've just spoken to the Jobcentre, they say there's nothing else to do that to sign off. I have also called the council, they say I would have my HB suspended for that period because I would be abroad even if I have no income.

 

That's what you get for doing things by-the-book, be honest and get shafted.

[sparky514]

to be honest if you where going for 2 weeks I would have told them, but if you're only going for a couple of days, I wouldn't have bothered.

[Hacked_Off]

to be honest if you where going for 2 weeks I would have told them, but if you're only going for a couple of days, I wouldn't have bothered.

 

Me neither. Being honest with these people gets you nowhere

[osdset]

Me neither. Being honest with these people gets you nowhere

 

I would definitely not have said anything unless it conflicted with a sign on or an appointment, and even then I'm inclined to say that a 'sickie' would have been pulled.

[san_d]

(If you have time please read this previous thread of mine:

http://www.consumeractiongroup.co.uk/forum/showthread.php?358272 )

 

What has just happened:

I have just received a letter from the Council informing me that they "had to suspend your claim, as there has been a change in your income". Then they ask me to see all proof of icome, any capital and savings "before we can reinstate your claim". I have one month time to do this. Apart from the aggravation of having my HB suspended (again) I'd have no problems giving them the information they need if it wasn't that I gave them all away a week ago.

 

Background:

Two weeks ago I had to leave the country to a visit an ill relative (which eventually died and I am still upset) and I had to sign off JSA. I sent letters to the Council before leaving and soon after returning and they also knew that I had signed off JSA. When I came back I also sent them bank statements plus proof of expenses made abroad and they returned the lot to me with a stamped receipt. I was told I had done all I need to do and I shouldn't worry because I have a 13 week period during which I can keep my HB if I leave my home. So at this point I thought I was ok and I have reapplied for JSA.

 

What to do now?

At this point I don't really know what to do. Why should I resend documents that they have already acknowledged?

Am I better off launching a formal complaint? And if so, in which form?

Can I just tell them that they have the documents or should I send them again?

And when my JSA is reinstated would my HB be suspended again?

So in other words what do they want and why do they do this?

 

I am sorry for this rant but I need serious advice as I am still grieving for the death of a close relative and quite frankly I didn't need this. Thank you

[san_d]

Sorry, the right title should read HB (housing benefit), not HP.

[san_d]

Update (hoping somebody will pick it up):

 

I have called the Council call centre and they couldn't confirm the exact reason of the suspension but they said it's probably got to do with JSA being stopped. Now that I have reapplied for JSA (rapid reclaim) am I better off waiting until I have my JSA reinstated before I contact the Council or should I write to the Council now asking for a reinstatement of my Housing Benefit? Thank you