Don't put up with it. If your claim hasn't been sorted out two weeks after you have given all the information needed, then the Council are legally obliged to make you regular interim payments.
This applies to private tenants, housing association tenants and all "rent allowance " claims. (A rent allowance claim is where Housing Benefit is paid to you - rather than you getting a rebate off your rent.)
For Council tenants, the Council are legally obliged to pay Housing Benefit within 14 days, or if that is not reasonably practicable, as soon as possible after that.
An interim payment is a temporary payment of Housing Benefit which is paid regularly, like normal Housing Benefit, until they work out your claim. The law says the council must pay you an amount which it considers reasonable. (An interim payment is sometimes also called a "payment on account".)
At any stage feel free to call in at the Autonomous Centre of Edinburgh on a Tuesday afternoon before 3pm. Either we can ring the authorities for you, or we can give you more info so you can ring them again.
We know of several claimants who had been waiting for ages to get Housing Benefit - then they rang up like we have described here, and the Council then paid them. They don't like it, you've usually got to be a bit pushy, but it often works. If all else fails, if you want, we can discuss taking some sort of direct action, such as turning up at the housing benefit office with some friends and supporters shortly before it closes, and not leaving until you get a guarantee of payment.
Interim payments can only be refused if it is clear that you will not be entitled - or the reason for the delay is that they have asked you for information or evidence in support of your claim and you failed, without good cause, to provide it. If the delay has been caused by someone else, like the rent officer, your employer, your landlord, or the Benefits Agency, then this does not affect your right to an interim payment.
In addition a claimant cannot be held responsible for a failure to supply evidence or information which he or she has not been specifically asked to provide. For example, take the situation where the Housing Benefit Department writes to the claimant asking for new additional information on the 13th day after the claim was made, and the claimant supplies the info within a few days. In this situation the local authority cannot then reasonably argue that it was impractical to determine the claim within 14 days because of the claimant’s failure to provide the necessary info. The DSS advises that in such a case the authority is obliged to make an initial interim payment on the 14th day following receipt of the claim based on the information originally available. (DSS circular HB/CTB(93)37)
Remember the golden rule when dealing with benefit authorities - always ask for the name of the person you have been speaking to and write it down for future reference. Don’t post claim forms into Housing Benefit, instead deliver them by hand and always ask them to photocopy it for you and get a receipt. Or send the letter recorded delivery.
For support or more info call in or ring ACE on a Tuesday 12-4pm. We want to do more to publicise the facts about Interim payments, and to force the Council to pay Housing Benefits on time, if interested in helping please get in touch.
The information in this leaflet is based on "Guide to Housing Benefit and Council Tax Benefit 2000-01", by J. Zebedee and M. Ward, published by Shelter and Chartered Institute of Housing.
Many people have been threatened with eviction by private or public sector landlords because of housing benefit delays. If this happens to you seek support and advice right away.
Contact us, and you could also try your Tenants Association, Edinburgh Tenants Federation, Shelter and, if you live in Greater Pilton, North Edinburgh News, who are campaigning against this injustice.
Not only in Edinburgh but all over Britain housing benefit claimants are waiting weeks, often months, to get paid money we are owed.
This is caused by government cuts, understaffing of housing benefit departments, inadequate training, bureaucratic bungling and successive government’s vindictive treatment of claimants. Why should we put up with this? Let’s take action to stop this injustice.
While housing benefits claimants wait months to be paid, resources are wasted on the Housing Benefits Investigation Team who charge about the city playing at detectives and snooping on people. Instead of working to ensure claimants are paid what they are due, these bullies follow people, sit outside claimant’s houses spying on them, and then interrogate needy people to try and deprive them of benefits. If you are harrassed by these snoopers contact us for an advice leaflet and solidarity. The head of the Housing Benefits Investigation team is Mr Alec Brown tel 0131 469 5076.
We encourage and aid claimants organising together, and linking up with workers in employment, to oppose and take action against government policies which attack working class people. Why should we put up with a system where everything is run for the profits of business? Why shouldn’t society’s resources belong to everyone, and be used for people’s needs?
Edinburgh Claimants Solidarity Network brings together claimants who are willing to accompany each other to benefits interviews Contact us if you’d like to join, or find out more. We advise people to take someone with them to any potentially tricky benefits interview. Don’t face them alone!
EDINBURGH CLAIMANTS are based at the Autonomous Centre of Edinburgh, an open campaign space providing resources and solidarity. Resources available include computer access, free leaflets, books, pamphlets and mags for sale, and a library.
Tuesday afternoon is claimants day when advice and solidarity is available for benefits hassles.
Edinburgh Claimants c/o ACE, 17 W Montgomery Place, Edinburgh EH7 5HA 0131 557 6242
ec @ autonomous.org.uk
ACE is open tues 12-4 and sun 2-6pm (but phone first if coming far)