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So difficult to come off benefits. Advice needed

  • linsky
  • Topic Author
13 years 6 months ago #26127 by linsky
I have recently had a course of treatment that has helped my health condition, so I have filled in the necessary DLA forms. I was in receipt of HRC and LRM. My wife received carers allowance for me. I know that I am fit enough not to need either of these benefits at present. (Although I don't know if my will take another downturn)

I have not yet received a reply from the DLA dept. I sent the form approx 2 weeks ago.

My wife rang the Carers allowance dept and informed them that she was no longer caring for me.

My circumstances were that 3 years ago, I had an accident and could not work.

I then became entitled to Incapacity Benefit, DLA at HRC and LRM. Also Income support and Housing and Council Tax Benefit.

Now that I am more fit (whether temporarily or otherwise) I want to start working for myself gradually.

My G.P. has advised me to try it for three months doing light duties for 18 hours per week.

This is what my business would be doing ie light duties only and would be working from home, so that when I feel up to doing some work I can and when I don't feel up to it, I stop.

I have contacted Jobcentre Plus and all seems ok with them, but with the HB office, they want proof from my Doctor that I am able to work and also proof from my employer that I have work. I did not tell HB that I will be working for myself because I found it to be quite strange that they would want proof in order for me to say "hey, I won't be needing HB and CT benefit because I'm going to be working"

Is there something wrong with their system or am I missing some points anywhwere. I am so confused as what I thought would be great cheers (figuratively speaking) they are asking me to prove that I will be working etc etc.

I am over 50 so if I don't start work for myself again now, I will never get anyone to employ me.

I would be very grateful to anyone whom knows what is the correct procedure for myself and my wife.

Kind Regards to all

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13 years 6 months ago #26142 by Steve Donnison
Replied by Steve Donnison on topic Re:So difficult to come off benefits. Advice needed
Hi Linsky,

Odly people often find it almost as hard to stop their benefits as they do to claim them in the first place. I don't know why the local authority would require proof of your fitness for work but they would want details of your employment status and income because housing benefit and council tax benefit are means-tested.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • linsky
  • Topic Author
13 years 6 months ago #26161 by linsky
Steve Donnison wrote:

Hi Linsky,

Odly people often find it almost as hard to stop their benefits as they do to claim them in the first place. I don't know why the local authority would require proof of your fitness for work but they would want details of your employment status and income because housing benefit and council tax benefit are means-tested.

Good luck,

Steve


Thanks Steve

Being only newly self employed, (since 31st August 2010) what would they expect of me in the way of forecasts etc as I cannot see how I can answer such question accurately.

Furthermore, I don't want to answer their question incorrectly, hence at present I have not replied to their request until I have a better understanding of just how I can do this.

I'm sure someone here has knowledge of this type of situation and hopefully share that knowledge with me.

Kind Regards to all

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  • pete17971
13 years 6 months ago #26175 by pete17971
linsky wrote:

Steve Donnison wrote:

Hi Linsky,

Odly people often find it almost as hard to stop their benefits as they do to claim them in the first place. I don't know why the local authority would require proof of your fitness for work but they would want details of your employment status and income because housing benefit and council tax benefit are means-tested.

Good luck,

Steve


Thanks Steve

Being only newly self employed, (since 31st August 2010) what would they expect of me in the way of forecasts etc as I cannot see how I can answer such question accurately.

Furthermore, I don't want to answer their question incorrectly, hence at present I have not replied to their request until I have a better understanding of just how I can do this.

I'm sure someone here has knowledge of this type of situation and hopefully share that knowledge with me.

Kind Regards to all



Hi,

Regarding the Housing Benefit and the Local Authority (LA) wanting proof of employment, I helped a client only a month or so ago in a similar situation where the LA wanted proof of future employment. The reason the LA gave was that the client was renting privately and receiving Housing Benefit. However if there was a break in claim, the client would then claim Local Housing Allowance (LHA) instead of Housing Benefit. As LHA in the client's district is currently higher than Housing Benefit, it allowed the claimant to keep upto £15 per week of the LHA in his/her pocket as their rent was lower than the LHA rate.

Albeit the government are shortly closing this 'loophole' a number of 'old scheme' Housing Benefit claimants renting privately cottoned on to the fact that if they closed their claim down for a week, giving the reason of having found employment, then re-claimed LHA the folllwing week they instantly become £15 per week better off (they paid the missing one week rent) but they were very quickly in profit due to the £15 per week they kept).

Hence to stop this occurring, the LA were requiring actual proof the claimant had found employment.

Also to prevent any potential overpayments of HB/LHA/CTB, if a client starts employment but could potentialy still claim benefit, they usually require full details of expected income.

I hope that may explain a couple of the reasons the local authority appear difficult, but it is their view protecting the 'public purse'.

Pete

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  • linsky
  • Topic Author
13 years 6 months ago #26225 by linsky
Thanks Pete,
That makes sense now.

Best Wishes
Linsky

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