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Four and a half years later....
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2 years 8 months ago - 2 years 8 months ago #270363 by Invisible
Four and a half years later.... was created by Invisible
it's getting confusing, so I'll simplify the question: I received £ xxxxx for what I presume is official error (the DWP hasn't explained everything yet).
I am receiving income based ESA and housing benefit, do I have to notify the LA? thanks
I am receiving income based ESA and housing benefit, do I have to notify the LA? thanks
Last edit: 2 years 8 months ago by Gary.
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2 years 8 months ago #270379 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Four and a half years later....
Hi Schopenhauer
In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
Gary
In some cases, this payment is not counted as savings for one year and will not affect your income related or means tested benefits during this time, such as UC.
However, where benefits have been underpaid because of:
* an official error
* an error on point of law
Any payments over £5,000 can be disregarded for the length of the claim or until the award ends.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 8 months ago #270382 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Four and a half years later....
Even though the various agencies involved in your claim should share information, you still have a specific responsibility to notify each agency of changes to your status which may have a material impact on your claim, even if you do not expect those changes to actually affect your claim.
Gordon
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 8 months ago #270395 by Invisible
Replied by Invisible on topic Four and a half years later....
I would have no problem at all doing that, the problem is that writing about any changes to the agency in question has the effect of awakening a rabid dog. The last time I did so I was getting evicted for completely bogus reasons, as I was able to prove in the end. But I lost sleep for 3 months. So it's not a simple matter of notifying the agency, but if it's really worth for me to do so.
I give up, and won't ask the question again. It's obvious to me that no one really has an exact answer, which is what I hoped to find. Thank you for your past replies.
I give up, and won't ask the question again. It's obvious to me that no one really has an exact answer, which is what I hoped to find. Thank you for your past replies.
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2 years 8 months ago #270398 by Invisible
Replied by Invisible on topic Four and a half years later....
ps. to be more accurate the LA in question has been deemed the worst one in London for upheld complaints about maladministration by the Ombudsman. This is not some badmouthing, a simple search in Google will show several credible newspaper articles related to my claims.
So this is why I am extremely reluctant to communicate to this LA anything at all; when I did so and have been as transparent as possible, I was being mercilessly chewed on and spat back. Of course, this is no one's concern here, I am just clarifying why I was seeking a more precise answer. This is not a criticism about you either, I am just stating the facts as they appear to me.
Lastly, whilst I do understand why the sum I have indicated has been crossed out, I think it is important to let the facts be known as they are. By obscuring details, nothing can be really learned. But it's your forum and of course you are the ones who decide how to run it. I am just expressing my views.
Thank you for reading.
So this is why I am extremely reluctant to communicate to this LA anything at all; when I did so and have been as transparent as possible, I was being mercilessly chewed on and spat back. Of course, this is no one's concern here, I am just clarifying why I was seeking a more precise answer. This is not a criticism about you either, I am just stating the facts as they appear to me.
Lastly, whilst I do understand why the sum I have indicated has been crossed out, I think it is important to let the facts be known as they are. By obscuring details, nothing can be really learned. But it's your forum and of course you are the ones who decide how to run it. I am just expressing my views.
Thank you for reading.
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2 years 8 months ago #270404 by Invisible
Replied by Invisible on topic Four and a half years later....
just asked a lawyer through a website that provides these answers for a small fee (I am probably not allowed to write it here so I won't). I'll report the answer I was given here, it might be helpful to others, although of course one is free to take anything I write, with a pinch of salt (since we are on the internet and since there's no undeniable proof that I am not insane, hallucinating, deceitful, etc.... I am certainly not, but the point is, I can't undisputably prove that here, so one will have to make of it what he or she wills).
Basically: it is a legal requirement to report any changes of circumstances to the LA in regard to means tested benefits, even though in my case, ESA arrears (I have of course disclosed the amount to the lawyer), it should not affect housing benefit. The lawyer himself stated that this is quite bizarre, but that is how it works.
So I'll now report my arrears and that will be the end of that. Or not, but I guess I'll have to deal with it as a separate issue, etc.
Thank you for your patience.
Basically: it is a legal requirement to report any changes of circumstances to the LA in regard to means tested benefits, even though in my case, ESA arrears (I have of course disclosed the amount to the lawyer), it should not affect housing benefit. The lawyer himself stated that this is quite bizarre, but that is how it works.
So I'll now report my arrears and that will be the end of that. Or not, but I guess I'll have to deal with it as a separate issue, etc.
Thank you for your patience.
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