Bedroom Tax and discriminatory fund

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summer

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Bedroom Tax and discriminatory fund

  • on: 18 Mar 2013 01:04PM
Advice please' My brother has been sent a discriminatory council tax form to fill in as he is disabled and lives in a two bedroomed house.

He will have to pay an extra 60 month (OMG), which he does not have.

He lives on the poverty line as it is since DWP took his high rate mobility off him 18 months ago, so he only gets low carers and WRAG ESA.

If he has to pay this he will have to cancel his house insurance and something else. He even has days when his main meal is beans on toast and cant afford to put the heating on so sits in a warm sleeping bag - my blood is boiiling.

Can anyone help with any good tips to what to write on this form to get them to realise how injust this is and he needs this discriminatory payment to be permeant.  Thanks in advance.

Monic1511

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Re: Bedroom Tax and discriminatory fund

  • on: 18 Mar 2013 05:54PM
Hi Summer

He needs to come up with good reasons as to why he needs the spare room or cannot move to another smaller house.   There is no magic wording for this but the discretionary housing fund is limited so better get the application in soon.  Each council is doing it differently so no one system will work all over.

Monic

devine63

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Re: Bedroom Tax and discriminatory fund

  • on: 19 Mar 2013 01:16AM
Hi

contact your council and ask how they are doing discretionary housing fund applications as not all are using a paper application.  Also ask what help is available from the council for completing the applications - they might have someone like a housing support worker.

When applying for the discretionary fund, emphasise that brother gets disability support and is not currently expected to seek work.  (if true) Nor does he have any savings nor other sources of income.     Also show what benefit changes so far have done to his income and the hard decisions he will have to take in order to pay for the rent - give them actual numbers if at all possible.
regards, Deb

davewhit

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Re: Bedroom Tax and discriminatory fund

  • on: 19 Mar 2013 11:48AM
I have posted a thread with a link to the draft manual for use by councils its an interesting read  >biggrin<

summer

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Re: Bedroom Tax and discriminatory fund

  • on: 01 Jun 2013 03:27PM
My brother has now heard from the council after he appealed there decision to not award him DHP.
The letter starts by saying that they had decided to award his the DHP from 15 april - 15 oct, yipeeeee we thought, but no, they will pay 4.70 a week, but the extra bedroom tax he is being asked to pay is 14.97. Leaving him with the outstanding 10.27 extra to pay each week.
Its madness as if he could find a bed bedroom house  they would pay 110 a week rent for him. Where as his present rent for two bedrooms is 106.45!!!.
Has anyone else had a simialr part payment?
The letter also stats he cannot appeal etc., any advice anyone?

KizzyKazaer

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Re: Bedroom Tax and discriminatory fund

  • on: 01 Jun 2013 05:41PM
It truly is a ridiculous situation and I'm sorry to hear only a part-payment was awarded.  As there is indeed no right of appeal to an independent tribunal for DHP - though the council can be asked to look at its decision again - I'm wondering about how your brother might increase the income he does have.  You mentioned a DLA mobility award being stopped; does he still need help with mobility and have his care needs increased in any way to justify a change of circumstances claim for DLA? (There is still time for this before the new Personal Independence Payment (PIP) starts rolling out for existing claimants in October)

>edit to add<
« Last Edit: 01 Jun 2013 05:44PM by KizzyKazaer »

Monic1511

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Re: Bedroom Tax and discriminatory fund

  • on: 01 Jun 2013 08:09PM
Hi
It may be that the council is only paying part of his extra charge as they have to spread the fund about, using the info you provided he should be getting 100.15 esa & 21 DLA,  if he still has mobility needs then he really should contact DBC & ask for a supersession form & try for an increase in his dla.

I think DHP is only awarded for 3 months so he will probably need to reapply soon

 >hugs<
monic

devine63

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Re: Bedroom Tax and discriminatory fund

  • on: 01 Jun 2013 10:40PM
Hi

it seems that some people are taking the step of contacting their landlord and explaining that their benefit has been cut and whether or not they are getting any of the discretionary payment and then only paying what they paid before (plus any DP) and letting the missing amount accrue as arrears - depending how the landlord reacts, they may then have more time to contact MPs and put on pressure about those arrears - after all David Cameron himself has said that no one will be evicted over the bedroom tax....

regards, Deb

Fiz

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Re: Bedroom Tax and discriminatory fund

  • on: 02 Jun 2013 05:12PM
I don't think that is what DC said. I think he said no one would be forced to move ie. downsize, which isn't the same as no one would be evicted if they break their tenancy agreement, which is to pay the rent and on time.

summer

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Re: Bedroom Tax and discriminatory fund

  • on: 02 Jun 2013 07:08PM
I am going to try to get my brother to go for a change of circumstance on his DLA. This will be a struggle as he has given up bless him.

Does anyone know how this process works and what he needs to do please?

Hurtyback

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Re: Bedroom Tax and discriminatory fund

  • on: 02 Jun 2013 07:46PM
I am going to try to get my brother to go for a change of circumstance on his DLA. This will be a struggle as he has given up bless him.

Does anyone know how this process works and what he needs to do please?
He should write to DWP, tell them that he has had a change of circumstance and ask them to look at his award again. Be warned that, even if you make it 100% clear that you only want them to look at mobility as his care needs have not changed, they can still look at the whole award and can revise it downwards as well as up!

summer

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Re: Bedroom Tax and discriminatory fund

  • on: 02 Jun 2013 08:22PM
I am going to try to get my brother to go for a change of circumstance on his DLA. This will be a struggle as he has given up bless him.

Does anyone know how this process works and what he needs to do please?
He should write to DWP, tell them that he has had a change of circumstance and ask them to look at his award again. Be warned that, even if you make it 100% clear that you only want them to look at mobility as his care needs have not changed, they can still look at the whole award and can revise it downwards as well as up!

Thanks he only get low care now as he had a assessment at home (that is how ill he is) and DWP took his high mobility off him. This was some 3 years ago and he has plodded on and on but its not fare, he needs the help. But he was too ill and also given up hope to appeal, enough though I begged him too. :-(

devine63

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Re: Bedroom Tax and discriminatory fund

  • on: 02 Jun 2013 11:21PM
Thanks for the correction, Fiz.  It seems I mis-remembered, there were several leaders of various Councils who said their Councils would not be evicting anyone who was in arrears due to the bedroom tax, but not David Cameron.

regards, Deb

Sunshine Meadows

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Re: Bedroom Tax and discriminatory fund

  • on: 03 Jun 2013 01:39PM
Quote
I am going to try to get my brother to go for a change of circumstance on his DLA. This will be a struggle as he has given up bless him.

Does anyone know how this process works and what he needs to do please?

See this thread in Welfare Rights http://ouchtoo.org/index.php?topic=5508.0

eg
Quote
April 2013 Personal Independence Payment has started for new claims in Merseyside, North West England, Cumbria, Cheshire and North East England. During this period new claimants in all other parts of the country will continue to claim Disability Living Allowance as now.

Also to get the Higher Mobility Rate a person has to be virtually unable to walk and for DLA this means either can't walk a 100 yards or the time taken, amount of pain caused or whether it can be repeated or not means the claimant can be considered virtually unable to walk. If your brother lives where PIP is being piloted his claim will be covered by a new distance criteria of 25 years. A distance which the Government  seemed to sneak in which is being challenged in the courts.

Sorry but it could be he might get DLA higher rate mobility but it can not be considered a definite solution to the bedroom tax because PIP is coming in soon.

starsmurf

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Re: Bedroom Tax and discriminatory fund

  • on: 03 Jun 2013 05:02PM
I managed to appeal from low-rate care on the basis of a change of circumstances.  I now get High rate care and High rate mobility.   If you were successful, it would also increase his ESA payment, as he would get the disability premium.

One tip, you must send all the stuff special delivery, they lost my first appeal form.  If you keep the receipt and he is given an increased award, you can ask for the money to be backdated to that date.

I have to say that it's worth doing, as it has certainly helped me.  If possible, you should go over the form with him, as we often overestimate what we can do.  We can also be unaware of how bad things are in our life, eg. if not encouraged to do so, you might not have a shower or get up or eat a meal, yet people would say they could do all those things independently.

Good luck with the appeal.  If you've any questions, please just ask.
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