Housing Benefit/Council Tax Rebate for Two Properties as a Disabled Person.

Hello all,

I made an application for two sets of HB/CT to be paid as a disabled person as I moved into a new property because as a disabled person I needed adaptations. However there is a three month waiting list for Occupational Therapists to do assessments so one could not be done in time for the adaptations to be made for when I moved in. Since then I have been asked to pay back the supposed overpayments made to me by the Council which I have done because they threatened legal action if I did not do so. However I never got a decision which the following email I sent to the Council today shows:-

“Dear XXXX

I sent evidence in an email dated 3/6/23 regarding the Adaptations at my new property which could not be done due to the slowness of the H and F Occupational Therapy Department within the time period specified but this was not my fault. I did not get a reply from you.

I sent you another follow up email again on 3/7/23 and once again I did not get a reply from you. Therefore you have never given me a decision about my application for Housing Benefit/Council Tax to be paid on both properties between 14/3/23 and 31/3/23 and in the interim the supposed overpayment of Housing Benefit and Council Tax have been requested from me and paid by me because Legal Action was threatened if I did not pay them.

However my paying them does not mean that I accept an overpayment has been made in either case as I have never been given a decision by yourself or anyone else concerning my application for HB/CT during the time stated. Having not been given a decision I could not appeal against it as I would have done if it was negative because in my understanding of the law I am entitled to HB/CT payments for two properties for the time period mentioned.

Could you please therefore supply me with a decision as soon as possible otherwise I will be making a formal complaint against you?

I would also remind you that you may have broken Disability Discrimination legislation in failing to keep me informed as you have caused me to have two seizures each time I got legal demands for the payments of money I did not even know I owed the Council.

I will be seeking Legal Advice about how I can make an appeal against a decision I have not received and if this has to be backdated will explain that it is because you never supplied me with a decision. I will also consider seeking compensation because of the distress your neglect in not supplying me with a decision has caused me.”

How do I proceed now since I never got a decision about my application for the payment of HB/CT for two properties?

Many thanks for any help in advance. I cannot afford to lose money!

Fiona H

Hi Gary,

Sorry to post an inappropriate question but many thanks for the sign posting which I will follow.

With appreciation!

Fiona