Discrimination - No housing benefits for SDP recipients !! - Page 4 — Scope | Disability forum
Please read our updated community house rules and community guidelines.

Discrimination - No housing benefits for SDP recipients !!

124

Comments

  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    edited January 2019
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    I'm at breaking point because having to pay full rent has seriously impacted on my health. I won't give up this fight to keep going but being very desperate for food is
    a terrifying nightmare. Just cant understand why the government can't give us clear guidelines on this new Gateway condition supposedly to start on January 16th. I have an incureable disability ,suffered heart attacks and my diabetic neuropathic conditions are getting much worse.My ESA RE-ASSESSMENT
    is scheduled for a few days time. Ive gone down with the Noravirus so there is no way I can go for re-testing yet. Wrote to my council last night to say I cannot pay my rent until next Friday yet I'm not sure how I will raise it yet.
    We need answers from our government as to when we will be able to claim Housing Benefit before people like myself get to suicidal.
    I'm a 63 yr old man ,forced to be re-tested every few months,even though my doctor says this is detrimental to my health
    Will the persecution against disabled people ever stop
    It comes to something when someone like myself looks for a £1 meal from Iceland to keep going
    If you are suffering like me ,share your true life story on here
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Apollo have a great dinner at your Aunties and thanks for your kind words
    Chat on this great site later .All the best 
    To all fellow readers on this site And Scope for hosting it
    We love this site.
    Its a great site were fellow disabled people and carers can share their dismay on
    how poverty is hitting the most vulnerable in our society
    Im not feeling sorry for myself but reality is hitting home to hard
    Aren't we the United Kingdom the fifth richest country in the world and poverty and homelessness is getting much worse by the day
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Apollo and fellow readers .Ive got a friend to write a letter on my behalf to the local council asking what date new HB applications will be allowed ?
    Will let you know how I get on 
    What date will the new Gateway condition come into force?
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Apollo. Thanks for the up to date news ,So there is light at the end of this dark tunnel. So from the 16/01/19 I will be able to put a claim in for Housing Benefit
    I  do believe you ? but Council Housing Benefit sites make no mention of it 
    Tell me again ,so it really sinks into my brain
    I do believe 
    What about back payments? Can Housing Benefit applications be backdated?
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Apollo. Can you help me by telling me which town or county is helping you
    as in my own home town (Redditch) Redditch Borough Council are not updating
    their Housing Benefit site and the old information still says a person must claim Universal Credit unless a person has 3 children. 
    4 days away from this new Gateway condition and you are the only person 
    telling me a council says you will be entitled to future Housing Benefit
    I will greatly appreciate any help I can get.
    Also other readers if your local council is offering help towards Housing Benefit
    and the new Gateway Condition ,please blog on this subject on this brilliant site
  • Tressell1
    Tressell1 Community member Posts: 25 Courageous
    edited January 2019

    Important breaking NEWS !

    I have just been informed by my legal advisers of this important news release.

    For the those that said this would not happen ?

     https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-01-11/HCWS1243/

    You need to contact your Local Authority and claim your housing benefit ! from 16/1/2019 SDP recipients CAN NO LONGER claim UC and new gateway Conditions will allow you to claim your legacy benefit  and not the evil that is UC.

    Told you it would happen … never lie only hear to help ...

    You have made my year ! Well done for finding this out and thank you so much for sharing . We all knew it was already in motion and would have been silly not to be proactive, seek help and advice, and PUSH them ourselves !

    Update on my case , we are going to court next month in relation to the arrears building up due to my HA not giving me my tenancy agreement in time so I could provide my proof for my HB application before my LA become a UC area ! 

    My laywer and his senior both agree its going to be a waste of time and money on their part as its very clear this is their (HA) fault and they should be fighting my LA for their rent and not me ! 

    From what I remember from my law module in uni they are supposed to prove they have exhausted all options in trying to help you find a solution before they present their case to a judge and the judge will ask them why they haven't done more to help  . In my case they simply could have provided me with a letter to prove the delay (over 2 months ) in my providing my tenancy agreement was their fault. The judge will also see that I have been paying what I can and will look upon that evidence favourably .

    My laywer sent them a letter saying look, wipe the arrears as its your doing and lets not go to court , they replied and said they are going forward with the court date and accused me of " persistently delaying rent payments due " . Absolutely disgusting bunch of ... !!!

    So this is what I have been telling them the ENTIRE time , I'd been advised NOT to change over to UC until I'm told . And we'll get to court and now we'll have proof that I'm no longer allowed to apply AND hopefully ill be back paid and this will erase the arrears making the case null and void and a complete & utter waste of time and money ! 

    They lost against me in court last year to the tune of about 20k in court fees etc . They're about to lose again this year ! I do not go down without a fight !

    Praying you all win your rent back this year too ! 

    Don't let these bullies get you down ! I will be contacting my local MP and council this week and will keep you updated with anything I come across . 

     <3 
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • Tressell1
    Tressell1 Community member Posts: 25 Courageous
    I will definitely send this over to them on or the day after the 16th.
    These "advisers"  don't know squat ! They rely on what they are told and are not able to research and investigate things until you tell them to . 
    Which we know too well so we are right in pushing them each to find out for themselves and get on with sorting out what they are going to do to back pay us our rent ! 

    *Also to all of us appealing this week !* 

    I forgot to mention a sneaky, little known process my old solicitor taught me is to make " a  request for an anytime revision " (Ask your LA where /who to send this to , I had to email it to a specific department) 

    For anyone who needs it I will do a template of the one I sent to my LA in 2015 which saw £5k back paid to my rent account !  
    This was written with guidance from my old Solicitor from Shelter .

    Basically its to ask for your HB to be reviewed for a certain time say May 2017- May 2018 for example . 

    Attach any proof you have and, as discussed with my current lawyer , try and get a letter from UC outlining what they have advised us in terms of us having been told to wait to be switch over under managed migration. Tell them about  the lack of help or information which has led us to either having to pay rent out of our own pockets with our benefits or becoming swamped in rent arrears while waiting to be switched over and constantly being given the wrong advice.

    This is my evil plan to hit them with this week ! I've discussed it with two Lawyers so far and they both agree its a brilliant way to go .

    Hope this helps , please let me know if any one needs the template and I will PM it to you .

    <3  


  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Apollo and fellow readers and bloggers.
    I really hope all councils in the UK have the decency to let us disabled people
    and poverty stricken people in the UK know were we stand in regards to claiming Housing Benefit after the 16th of January 2019. Legacy claiming benefits
    claiming SDP not allowed to claim Universal Credit until Transistional cover is in 
    place maybe July 2019 or July 2020 or 2021 or 2022 or 2023
    I despair
  • Tressell1
    Tressell1 Community member Posts: 25 Courageous
    edited January 2019
    Really Mike :D !?

    Unfortunately I can see your replies in my emails although I have blocked you. :/

    HE didn't say it was little known I just described it as such as it IS a little known procedure as many in the public don't know they have the right to do this ! 
    And its not something people are told is an option after their initial 1 month to appeal is over. To save face and no doubt money when departments make errors .

    Who's to be embarrassed when doing so put £5k back into my rent account!?

    You refer to Mandatory Reconsiderations, which I wasn't talking about ?The process I am referring to is written in Housing legislation which people don't usually have in depth knowledge of, therefore making it little know as an option. The point you were trying to make there isn't clear as I'd already correctly stated what this process is called ?

    There is detailed reference to an anytime revision under regulation 4 of  The Housing Benefit and Council Tax Benefit ( Decisions and Appeals) Regulations 2001 : Section 6 and 7  Which states : 

    (6) A relevant decision that is prescribed under paragraph 6(2)(e) or (4)(a) of Schedule 7 to the Act may be revised at any time.

    (7) A relevant decision made in respect of a claim or an award may be revised where—

    (a)a decision in respect of that claim or that award is given by an appeal tribunal, Commissioner or court on appeal against a decision (“decision A”);

    (b)the relevant decision was made after decision A; and

    (c)the relevant decision would have been made differently had the relevant authority been aware of that appeal decision at the time it made the relevant decision.

    (8) An application for a revision shall be made in writing and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo(3).

    (9) The relevant authority may treat an application for a supersession as an application for a revision.

    (10) Paragraph (1) shall not apply in respect of a change of circumstances which occurred since the decision was made or where the relevant authority has evidence or information which indicates that a relevant change of circumstances will occur.


    And in the revised 2017 version under Part 2 Titled " Revisions and supersessions" 

    Again under regulation 4 ;6 and in precise detail at point 7 onward.


    So what if we share things we have found out between us ? We are trying to help each other!
    And yes can tell you're an adviser because you could have told those in historical rent arrears this yourself but didn't , could have told us what you found out on Friday ,but again didn't. 

    Why are you on here other than to troll, gloat and condescend people !?
    If you don't want to help others with advice or provide a comforting ear then don't reply at all .

    What a horrible, miserable man ! 

    Please don't feel obliged to reply, I honestly don't value your negative opinions . If I want correct advice ill ask my lawyers and barrister  :)

    And I don't care if the moderators don't like my post , but I'm tired of you letting this man get away with talking to people like this.


    Have a great Sunday all this is going to be a great week ahead ! Stay positive !

     <3 

  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Tressell . Over this last year I have been forced to pay full rent not being allowed any Housing Benefit because I refused to go on to Universal Credit.
    I receive SDP as part of my ESA and I hope when the 16/01 comes I can put a claim in for Housing Benefit.
    I have had to go short on food and search for food as cheap as possible.
    Spinal problems ,proximal diabetes and the after affects after a heart attack 
    left me losing 3 stone and my own mental health has suffered terribly
    Can I backdate my housing benefit claim
    Also my doctor has noticed Tremors in my hands (uncontrollably)
    So I caanot write any more ,so I dictate my blog and my friend types it into the blog on here
    I will read your blog carefully as I desperately want to try and backdate my claim
    Thanks for helping us all on this site
  • Tressell1
    Tressell1 Community member Posts: 25 Courageous
    Hi @teejays1617 !

    Yes you can and you absolutely have the right to request an anytime revision.
    Each case in unique to the individual , but it is certainly worth going for .
    It is also worth explaining to them why you refused to go on UC citing how this would have had a negative impact on you and your income either way .
    Scroll down on this page from Shelter to see their explanation on any time reviews and appeals :

    https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_revisions_and_appeals

    I'm so sorry about the suffering you have experienced and I hate that this mess has left you with out food and money for so long ! 
     I am very happy to email the template along to your friend to type up the email /letter for you . Insure to include all you have just said as it will help them to understand the way this is negatively affecting your physical and mental health. 

    May I ask , do you live in London?  I know a couple of law centres who can help specifically with these types of benefit issues. 

    Don't give up , keep fighting ! I have faith his will all be sorted soon.

    It's my pleasure and my duty as a fellow human to help in any way I can . I know how tough suffering with mental illness is while having to deal with all of this unnecessary **** on top! 

     <3 


  • Tressell1
    Tressell1 Community member Posts: 25 Courageous
    edited January 2019
    @teejays1617 Just seen that you live in Redditch , so I did some detective work and found your local law centre is in Birmingham . They can help you draft a letter to send to your LA for a review also.

    Law centres offer drop ins and can schedule appointments with Lawyers who can advise you on housing and benefits

    https://www.centralenglandlc.org.uk/Pages/Category/birmingham

    Also I feel that you may benefit from advocacy which will help support you through some of if not all of this process .

    https://www.onside-advocacy.org.uk/advocacy

    This organisation may also help and are based in South Worcestershire 

    https://www.dialsworcs.org.uk/the-guide/legal-support
     
    Alot of Law Universities offer clinics too . 

    Have a look at this list https://www.birminghamlawsociety.co.uk/welfare-benefits  

    Particularly https://www.lawworksclinics.org.uk/bhamlac/index.php  
    Who offer drop in clinics .

    I'm hoping you are able to travel , but I'm sure you'll find somewhere that could help over the phone or travel if not .

    Hope that helps a bit xx 
  • poppy123456
    poppy123456 Community member Posts: 53,352 Disability Gamechanger
    It maybe just me but none of those links work...
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Tressell1
    Tressell1 Community member Posts: 25 Courageous
    edited January 2019
    Mike,

    so if you've had to say this to others in another post , does this not inform you that the way in which you come across to others is rude and condescending ? 

    Everything I've posted is correct as I have done this myself, been through enough and studied enough housing law to know what can successfully be put forward in a court of law in a successful case, and one using said legislation in court and directly when dealing with my LA , and won ,twice ! 

    Also it is on the .Gov site under housing legislation and is broken down into sections pertaining to and are named as individual regulations . Where is the confusion here? Really , how annoyingly pedantic !

    As I said the legislation was updated in 2017 so you can find the conditions there but they are still named as such in the legislation.

    And its as simple as going to your profile and being able to see the comments you have made to others in discussions .

    As far as being inaccuracies ,people can only advise as in my case, based personal experience. My Lawyers and Barristers who helped me win my cases certainly haven't been inaccurate , neither has the Legislation relating to this topic which is easily sourced online .

    I'll return to spending my time actually helping others with my positive disposition .Good night and God speed Mike ! 
      
This discussion has been closed.

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.