[OccupySheffieldNews] Fw: Fwd: Fw: Benefits Justice: Five things you can do now

Sun Mar 24 09:14:24 GMT 2013

----- Forwarded Message -----
From: Sheffield Anti Cuts Campaign <sheffieldanticutscampaign at gmail.com>
To: 
Sent: Saturday, 23 March 2013, 21:54
Subject: Fwd: Fw: Benefits Justice: Five things you can do now

Please read this carefully, print off copies, pass around to as many people as you think might be affected.by the cuts to HB and the Council tax charges that people are going to be asked to pay.

SACA would like to help with leafleting, setting up meetings, taking people through the various suggested steps.

---------- Forwarded message ----------
From: shirley frost <shirley220 at btinternet.com>
Date: 22 March 2013 10:35
Subject: Fw: Benefits Justice: Five things you can do now
To: Sheffield Anti CutsCampaign <sheffieldanticutscampaign at gmail.com>

----- Forwarded Message -----
From: shirley frost <shirley220 at btinternet.com>
To: "sylvanamansell at hotmail.com" <sylvanamansell at hotmail.com> 
Sent: Friday, 22 March 2013, 10:04
Subject: Benefits Justice: Five things you can do now

PLEASE PRINT AND KEEP FOR REFERENCE

When tenants (or whoever) get their housing and council tax benefit letters from the council this Five Things you can start to do now.
Check the information
Ask for a further explanation of how they worked out your benefits
Apply for financial help on the grounds you cant pay
As for a Review
Put in an Appeal 
Get writing!!!
If necessary we can draw standard letters

1. Examine your benefit letters to see if the information they have used is correct. People may have joined or left your household which could change the amount of benefit you are entitled to. If so you should inform the relevant office using the address at the top of the letter.
2. Then you should think about whether you can understand it. Probably you wont - I have had years looking at these things but the ones I have seen yesterday I had trouble getting my head round. So the thing to do is to write another letter saying you want further explanation which is called  a Statement of Reasons. This should be done within one calendar month of receiving the original benefit letter.
3. This can be followed with another letter - as long as you can make it -saying you have difficulty in paying the extra money demand and ask for help with paying it give a long list of reasons without actually lying - that could invalidate the claim- either Discretionary Housing Benefit or a Hardship grant. Head the letters Council Tax or Rent Payments as different people with deal with it. Remember to list all your ailments - physical or mental - chronic sickness and disabillity which make you 'vulnerable' a handy word to use. In which case you can phone Sheffield Homes 293 1066 for a Home Visit to discuss what help you need (Dean Constable & Vickie Palmer). The important thing is to tell them so as to cause pause for thought. See 10 below.

4. If you are not satisfied with answer you can ask for the decision on how much benefit you can get to be Reviewed giving your reasons.
6. Finally if you are still not happy you can Appeal which may have to go to a social security tribunal in which case you should go an advice centre for help. You usually only get 1 month to do this.

7. Also if you already have loads of debts for rent, council tax or credit debts you should go to an advice centre for debt counselling because the council is very quick to start recovery proceedings. They are still taking a hard line and saying they will go for evictions.We are going to have to change their minds on that. They have to go court for this and may not get it - more about that later. Note that rent, council tax, gas, electricity and fines are priority debts and should come before credit cards and loans. The council says they will start eviction proceedings as soon as you have been in arrears for 4 weeks or the arrears reach £100.

8. You can download sample Budget Sheets on the National Debt Helpline on www.nationaldebtline.co.uk click on debt advice. Tel 0808 808 4000

9. The aim of the National Campaign for Benefit Justice is to frustrate the process and make it unworkable. All the above a totally legitimate ways of slowing down the process of trying to get money from you that you cant pay. This could raise a few smiles from people in the town hall. Not everyone wants to carry out these cuts.

10. The main things is to know your rights and stand your ground. The purpose of building a campaign in every area of the city is to give you confidence and strength which you get from being in a group instead of being on your own. A council tenant has full security of tenure and cannot be evicted unless the judge agrees and has taken into account all the circumstances. We should ask around 

He also has to be aware of previous judgements in higher courts which favoured the tenant due to human rights issues and proportionality. So should you. The key case is Manchester v. Pinnock 2010. The judgment delivered by the Supreme Court was that where a landlord applied for a Possession Order the court MUST assess the proportionality (reasonableness) of making the order as in the case of Article 8 of the Human Rights Act 'The Right to Family Life'. Therefore 'mandatory' does not always mean mandatory. It depends on the facts of the case. This could help Housing Association tenants who have less security. But you wont get the chance to argue this if you dont act as soon as the council starts the process towards eviction.

 MAKE LETTER WRITING A GROUP ACTIVITY OVER A CUP OF TEA. 
 BUILD A NETWORK OF PEOPLE AFFECTED BY BENEFIT CUTS WITH A TELEPHONE TREE ESPECIALLY FOR  THOSE PEOPLE WHO HAVENT GOT EMAIL. THIS IS SO YOU CAN NETWORK  AND ACT QUICKLY AS A GROUP TO SUPPORT EACH OTHER IF NEED BE.

9. If you are taken to court you will asolutely need a financial statement to prove you cannot pay.Without this the council will just automatically get a decision against you. No point in making it easy. Our argument is that we cant pay.

10. If you get a summons "Seeking Possession" you should notify your support group immediately so that we can get a picket in the front of the court. There maybe a duty solicitor or other adviser there who will try to help you. If not you can take a friend in. Tell the clerk to the court this is your McKenzie friend. He/she can stand next to you and 'quietly advise' but not speak to the court. The important thing is not to try and do it alone. Once a court order is granted it can be revoked by applying to the court but its a rigmarole. Even better is to get legal help - still looking into that.

11. Finally you can make alegal appeal. You will need a solicitor for that. More about this later.
Once the court order has been served on you the council can hand the case to bailiffs to collect goods to pay the debt and evict you. More about this later. The problem here is  that the bailiff can come back again and again. They are not nice people.
Meanwhile we should be going for the campaigning with all speed as this will be preferable than playing their game and possibly losing.

Notes: Check this out  'councillorsagainstcuts.org'
              Also Darlington, Brighton and Dundee councils have agreed not evict anyone due to benefit cuts
             Advice centres in Sheffield www.advicesheffield.org.uk Tel 205 5055
             Debt Advice for people with disabilities CAB Debt Support Unit 250 1144
             Debt services in Sheffield  www.sheffield.gov.uk
             Community Legal Services Direct 0845 345
 4345
              Inside Housing 12..11.10 Eviction Overhaul (the Pinnock case). This quotes Paul Hayes head of housing 
              litigation at Lewis Silkin.

References:Welfare Benefits Handbooks

Please contact me if you need further information.

shirley frost
Sheffield Defend Council Housing
& Benefits Justice
248 3937

Shirley Frost
Sheffield Defend Council Housing/Benefits Justice

-- 
Sheffield Anti Cuts Alliance is a grass roots working class anti cuts organisation bringing together trade unionists, campaigners, students, the unemployed, pensioners and disabled people against the cuts.
http://sheffieldanticuts.wordpress.com
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