Back dated PIP and bedroom tax.

[The GodMother]

Hello All 

 

Different Neighbour and different issue. 

 

Fighting for a while to get PIP for hubby who is disabled. Basically use to be a long distance lorry driver. Has been diabetic for years. Had cancer then recovered. Over the last few years he has not been able to work. He has been diagnosed with dementia liver and kidney problems mobility issues and other issues. 

 

Pip initially rejected but appealed and got it. In the mean time wife who is working a few hours a week and joint carer for hubbý with daughter who lives next door. They get some hb but was paying the bedroom tax. Now the PIP is paying and back dated they get full housing benefit. 

Yes they should pay but the council cant move them from a 3 bed house to a 2 bed flat or bungalow as they have none. Also rules say they dont have to. 

 

Anyway the dwp has told them they should be able to claim back the bedroom tax. The council was charging for 2 rooms but they accepted that due to the disabilitys they cant share a room. They have asked for the money back but the council ìs taking there time. First it was we will keep it as that way if benefit stops we can use that.

Then when was told no we want it back the council became all well we dont have to give it back and they have never refunded any bedroom tax then to today they were told the dwp person on the uc claim was wrong and they dont have to give back as its not in the rules and its un presidented. 

 

So who is right. Uc says them council says them. 

 

 

[stu007]

Hi

 

From your post what IMO they need to do is challenge that decision form the Council and ask to be provided with the copies of the specific Rules they are relying one.

 

This way they have what the Council are using to check it.

 

Also get a Subject Access Request into the Council on this asking for "ALL DATA" that simple phrase covers whatever format they hold that data in.

 

Can you ask the individual concerned to register on CAG as you are aware it is better to get the information from that specific individual rather than via a third party.

[The GodMother]

She wont post herself to embarressed to ask for help on this. Tho l have offered to help she dont really want to take it but has said to see what l can do. This has took months of trying. 

I even had to persuade them to appeal the no benefit and go to tribunal. 

[unclebulgaria67]

UC and Councils have different processes.

 

Councils hold previous underpayment amounts to use against future/ongoing liabilities, whereas UC will issue the underpayments.

 

UC is a monthly assessment benefit, whereas Housing Benefit is for a longer period.

 

Different financial rules and the Council are not required to act in same way as UC.

 

So Council are probably correct, but follow advice of Stu above, as the Council need to explain their process to the neighbour.

[stu007]

Hi

 

As I have said about the Housing Benefit they need to challenge this with the Council by writing to them and asking them for the exact rules and regulations they are using for there decision and to be provided with copies of these.

 

At the same time IMO they should also send the council a Subject Access Request (SAR) asking for "ALL DATA" on this matter with the Housing Benefit.

 

As has been said by others the rules with Councils are different in each Council Area as to how they apply what we call Bedroom Tax/under-occupying and they are in the difficult position of wanting to move to a smaller property but none being available.

 

With the above have they looked at registering with HomeSwapper: (this is another way they could try to down size) and am surprised the Council hasn't mentioned this option to them to try)

HomeSwapper

WWW.HOMESWAPPER.CO.UK

---

HomeSwapper is the UK’s leading mutual exchange service with over 500,000 tenants, looking to swap Council and Housing Association homes.

 

[The GodMother]

They are registered but its not easy to get a move. Needs to stay local to here due to work, treatment and the family are here. Also living on the worse road in the area does not help and most flats in the area that are ground floor are 1 bed but due to disability a 2 is needed. Bungalows well council might as well be non existant. For every 1 you have atleast 20 people waiting for it.

They are not classed as high enough priority as the flats are mostly for familys with children. Most of the children are older but they have 4 grand children here.

 

Then on top of that the further problem is if they move to far the wife would have to give up work and that is what is keeping there head above water and her mental health in check. They wont have the support network or a second carer of the daughter so the council would further need to move her but she is private sobthey cant just move her for no reason.

 

They have been made aware of needing to challenge the decision and will be deciding what to do. As l hope you all can understand fighting this is draining and they have been fighting for a while now. 

[stu007]

Hi

 

Get as many supporting letter that they need to be moved especially from any Hospital Consultant they may be under to support a move as well as Occupational Health the more letters the better. (it may help but ultimately it come down to what housing is available)

 

I have to agree it could be a long time before available housing becomes available especially with the shortage of housing for those that may be disabled and need a ground floor access.

 

Took me 3 years to be moved from a multi storey building to a ground floor property and that only happened when the hospital consultant challenged my housing association whether they were questioning there professional qualification and would take it further my HA couldn't move faster enough and suddenly offered the property I needed which I an still in today.

 

So my advice is to get whatever hospital consultant they are under on side to write letter demanding the move for medial reason.

[The GodMother]

All the letters have been written. Consultants for the husband from each department GPs letters occ health. All paperwork re diagnosis from each department with detailed write up on the treatment meds etc. Wife GPs letter with details on her treatment and meds. 

 

Occ health has even got a killer report done by the council saying they cant put a stair lift in due to how unsuitable the stairs are and full drawings etc. This is because some nights he cant get upstairs to bed. 

 

Tho they wont move them up priority list and they cant give them any propèrtys.