Meeting on 4th Feb

Letter to Nottingham City Council

27 January 2014

To Nottingham City Council

We are writing regarding the Consequential Provision Regulations (CPR 2006).

On  9 January 2014 it became headline news that Central Government and Local Councils were not following these regulations in relation to the Bedroom Tax.

Summary

• Since the news about CPR 2006 broke, two of our members have been told by Nottingham City Council that the regulations, which exempt them from Bedroom Tax, do not exist.  We urge the Council to investigate this.
• Nottingham City Council has failed to swiftly and promptly devise or implement a strategy to stop charging and to refund tenants who are exempt from the Bedroom Tax under CPR 2006 or has failed to make known such a strategy.
• We are requesting information on what the Council has done to follow the regulations since their existence became public knowledge.
• We note that Nottingham City Council say that it will not set a no evictions policy for tenants in arrears because of bedroom tax because it is “illegal” (not correct), but they appear to show no such determination or motivation to take action to keep to housing benefit rules.
• We are requesting information on what the Council has done to follow the regulations since their existence became public knowledge.
• We note that Nottingham City Council say that it will not set a no evictions policy for tenants in arrears because of bedroom tax because it is “illegal” (not correct), but they appear to show no such determination or motivation to take action to keep to housing benefit rules.
• We note that last week Nottingham City Council have publicized a motion calling on the Government to scrap the bedroom tax (This is the second such motion in 7 months), but have put no such resources into dealing with the issues raised by the CPR 2006.
• We call on Nottingham City Council to devise and implement an appropriate strategy to respond to errors regarding this regulation.
• We propose a strategy.
• We note that the Council have failed to respond to two letters sent by the campaign and two questions that were submitted to a Council Meeting.  This is not an acceptable response from elected representatives.
• We express concern and give examples of the impact of the bedroom tax and call on all Nottingham City councillors to act to ensure that the Council responds to this letter and that they implement our proposed strategy urgently. We also call on councillors to contact us to discuss the practicalities of a No-evictions policy for Nottingham similar to that implemented by Broxtowe Borough Council.

Main Letter
We have been contacted by two of our members who are being charged Bedroom Tax who read the recent headlines (9 January 2014) about Consequential Provision Regulations 2006 and wanted to inform the Council that they were exempt from Bedroom Tax under these regulations (having been tenants since before 1996).  They were both told (independently) that no such regulations existed.  No information was provided about how to get charges stopped or how to get a refund on Bedroom tax that has been paid.  They were simply told that the regulations did not exist. 

We are extremely concerned that Nottingham City Council is misinforming tenants and charging and failing to refund tenants who are exempt from the Bedroom tax.

Please would you investigate this matter.

Nottingham City Council has repeatedly told the public that they cannot implement a No-evictions policy for people in arrears as a result of Bedroom Tax because it is “illegal”.  They have also said that Broxtowe Borough Council are not implementing such a policy when in fact Broxtowe Borough (with 17 Labour, 17 Conservative and 10 Lib Dem councilors) have agreed, and is keeping to a no evictions policy.  However they have shown no such determination or motivation to keep to Housing Benefit regulations that have recently come to light and correct mistakes made by failing to follow Housing Benefit rules. 

Last week (week beginning 20 January 2014) Nottingham City Council publicised that a motion is being put forward at the next Council meeting calling on the Government to scrap the bedroom tax.  Last July, the Council put forward a similar motion.  It is clear that such motions have no effect.  We question why the Council are putting resources into empty gestures while failing to address the CPR 2006 issue which would free some people from the bedroom tax.

We are calling on the Council to immediately agree, publicise and implement a strategy to stop charging tenants who are exempt, and to refund tenants who have been charged in error as a matter of great urgency.  We are calling on them to use their influence and leadership to urge all Social Housing Providers with tenants in Nottingham to do likewise.

Please would you inform us what Nottingham City Council has done to publicise the regulations, to find out which tenants are exempt, to stop charging people who are exempt and to refund tenants charged in error.

We propose the following strategy:

• Immediately examine records of all tenants who have been charged with bedroom tax to date, or who contact the Council to enquire about the CPR 2006 exemption. Identify all those in continuous receipt of Housing Benefit since before 1996.
• For all those tenants, award Housing Benefit back to 1st of April 2013 immediately. (including those who have been awarded DHP).  Refund all payments made by tenants due to the error. Confirm in writing.
• Publicise the exemption to alert all Nottingham City Housing tenants and all other social housing tenants for whom records don’t go back far enough or who have been forced to hold more than one tenancy during that period.  Encourage them to contact the Council.
• Respond to all enquirers accurately and promptly.  Immediately examine records and where no records exist the onus is on the Council to prove the tenant is not exempt. 
• Inform tenants where they can get free independent advice.

We note that the Council have failed to respond to two letters sent by the campaign and two questions that were submitted to July 2013 Council Meeting.  This is not an acceptable response from elected representatives.

The Bedroom Tax is causing untold pressures on vulnerable and disadvantaged households.  Every week Scrap the Bedroom Tax Defend Council Tax Benefits Nottinghamshire hears of people only going out once a fortnight to shop and pay bills, some spending the day/evenings away from home to reduce heating bills, using food banks, having to borrow from family and friends etc.  We have also heard of tenants having suicidal thoughts and of two attempted suicides prompted by the Bedroom Tax.

We call on all councillors to take leadership on this issue and act to ensure that the Council responds to this letter and that they implement our proposed strategy urgently. We also call on councillors to contact us to discuss the practicalities of a No-evictions policy for Nottingham similar to that implemented by Broxtowe Borough Council.

Yours faithfully

Cathy Meadows

Chair

defendcounciltaxbenefits@yahoo.co.uk

Nottingham City Council - Budget Consultation Meeting

Yet again Nottingham City Council who are "on our side" as they claim, have left notice of a consultation meeting until the last minute. The notice that a budget meeting / consultation was being held was stumbled across that advertising the meeting.

Nottingham City Council are notorious for this lack of publicity, they do not properly advertise any of these consultation and therefore turn out is low. The first meeting on the list for Clifton has passed but still theirs time to attend the others. 

So here is the information, if you want to attend then please look up the dates for your area and have your say on where budgets are spent...

We oppose all cuts in the council, we also make it clear that we campaign for a properly funded welfare system.

Meeting on Tuesday 21 Jan 2014

 

First Council to make refunds for bedroom tax....

Exeter City Council has revealed that "a small of number" of its tenants are due bedroom tax refunds after the revelation that some of the policy's victims are legally exempt.

Full article here: http://www.24dash.com/news/local_government/2014-01-10-First-council-announces-bedroom-tax-refunds-since-revelation-of-legal-loophole

Bedroom Tax 1996 Ruling

DWP confirms "temporary bedroom tax" loophole

Thousands of social housing tenants will be temporarily exempted from the bedroom tax as a result of a ‘technical error’ in legislation.

The Department for Work and Pensions yesterday issued an ‘urgent bulletin’ saying tenants meeting specific criteria should have the cut in their bedroom tax removed until legislation is amended. The DWP also said councils should refund deductions made since last April.

The exemption applies to tenants who have been continuously claiming housing benefit from before 1 January 1996 and have lived at the same address.

This is because the ‘eligible rent’ referred to in bedroom tax regulations does not apply prior to 1 January 1996, when a previous set of rules existed. A number of housing experts told Inside Housingyesterday, before the DWP’s circular, that tenants would have a good chance of using the loophole to overturn benefit decisions at tribunal.

The loophole was discovered by housing benefit specialist Peter Barker, after hearing that a tribunal judge had asked whether a tenant had been claiming since 1996.

Mr Barker, who estimates that up to 10,000 tenants could be affected, said: ‘This is 100 per cent watertight as far as I can see.’ Mr Barker said if tenants take ‘reasonable’ steps to try to show they qualify, and the council can’t disprove it, they stand a good chance of winning at a tribunal.

Sam Lister, policy and practice officer at the Chartered Institute of Housing, also said that claimants would stand a chance of overturning benefit decisions. He said: ‘This is a potential way out but until a case is decided by the upper tribunal we won’t know for certain.’

Tenants still of working age who have been unable to work long-term due to sickness or disability are those most likely to benefit from the exemption. The exemption applies to tenants who have had a break in benefit entitlement of no more than four weeks.

The DWP is likely to close the loophole by changing the regulations and the bulletin suggests legislation will be amended. The department’s bulletin said: ‘The department will however be taking steps to remedy this shortly.’

A spokesperson for the DWP said it believes ‘very few’ tenants will be affected.

Article can be found here: http://www.insidehousing.co.uk/regulation/dwp-confirms-temporary-bedroom-tax-loophole/7001541.article

First Eviction Court Cases

Picture credit: Vicki Morris

The first people to be taken to court by Labour led Nottingham City Council for rent arrears caused by the Bedroom Tax had hearings on Thursday 21 November at Nottingham Crown Court. 

Nottingham Defend Council Tax Benefit Campaign, which includes several Socialist Party members, organised a protest outside the court to demand that the Labour run city council implement a no-evictions policy. 25 people came to protest and show solidarity. The local TV crews covered the protest and the issue was discussed on local BBC radio throughout the day. Members of our campaign were interviewed.

Some of us went into the court building but, following objections from Nottingham City Council, the public were not allowed into the court hearings. We understand that the Council argued that each case would only take 3 minutes so there was no point in having the public present! There were 20 possession hearings listed for the day (we believe 6 concerned the Bedroom Tax). After more than half an hour only two cases had been heard. Our campaign member had their case adjourned because the Council could not explain the amount that was being deducted from their Housing benefit and because they had not yet applied for a Discretionary Housing Payment.

From talking to others waiting to go into court, it appears that instead of using possession hearings as a last resort, the council are calling people to court before they have even looked properly at their situation. (eg. One person had proof they were not underoccupied). This means that the council are not following the legal process that applies to social housing landlords.

Most of the people waiting did not have legal representation, and were offered a 5 minute meeting with the duty solicitor. The duty solicitor does not represent people in court and, from one person's feedback, did not attempt to explore whether the council had followed the legal processes.

Issues: Campaigns need to pressurise courts and landlords to allow the public into court and if they don’t bring their actions to the attention of the public.
We need to highlight where Councils are using the court process to pressurise people.

We need to keep collating information so that we can support people coming to court without representation.

Scrap the bedroom Tax, Defend Council Tax Benefits Campaign, Notts.