Havant Borough Council

[pompeyfaith]

Guys the council are discriminating against me so I have started a war which could cost them dear.

Before I came out of work we was paying full council tax on the button every month and little did I know until I researched it after being made redundant that my wife was disregarded and entitled to a 25% discount going right back until 1992 when council tax started due to being a carer so suffix to say we claimed this back and got a refund of 7k

Now ever since being made redundant and claiming council tax benefit we have been hounded with at least 6 different amounts to pay due to constant re assessment indeed it has done my nut in as we never know how much to pay and thus stressed me out no end.

This has continued this year too and we originally had a bill for just over £300 which was inc my wifes 25% discount and the council tax benefit so was happy until 4 weeks later and they phoned up saying they want to reassess and thus requested proof of income when they know what are income is because they are linked to DWP and HMRC and can see everything on the screens in front of them.

Anyway I struggle with all this for reasons I have recently blogged about so I forgot about it all and thus a bill was sent again for the full amount so I emailed them the info they requested only to be sent this:

Dear Mr Carter,

Thank you for your email.

Your claim has been cancelled from 17 February 2013 due to the information not being received within the given time limit.

If you wish to have your claim reinstated, you will need to complete a new claim form and a request a Revision of the Decision to cancel your claim.

Please advise me if you would like a new claim form to be posted to you.

Regards,

Hollie White
Benefit Assessor
For and On Behalf of
Havant Borough Council

They know I struggle because of an SAH Stroke so why could they not just send the bloody form out as they know I am entitled to benefit and why could they not just reinstate it instead of pissing me about.

Anyway I have just read this:

The severely mentally impaired

2(1)A person shall be disregarded for the purposes of discount on a particular day if—
(a)on the day he is severely mentally impaired;

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

(c)as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

This comes from the Local Government Finance Act 1992 and I think we are in fact entitled to a 50% discount due to my mental disability which would result in about 8k due back to me.

I was going to let this go as I could not be bothered fighting for it but they have wound me up so much this past few years I bloody well am because I have had enough.

SAH Stroke 7th April 1990 so going back to when council tax started in 1992 adds up to a tidy sum

HAVANT COUNCIL YOU WILL PAY.

[pompeyfaith]

Re: Havant Borough Council

Who is worse local or central Government.. | Diary of an SAH Stroke Survivor

[pompeyfaith]

Re: Havant Borough Council

My Letter in the post to them and emailed.

Revenues and Benefits Services
Havant Borough Council
PO BOX 75
Havant
Hampshire
PO9 2ER

Dear Sir/Madam,

Complaint regarding Council Tax payable to

It has been noted that despite you being told many times both at the council offices and on the telephone that I have a profound and complex mental health condition due to an SAH Stroke that need an 8 hour deep invasive craniotomy to clip a bleed that was caused by a weak middle cerebral artery that I was born with.

These happened on the 7th April 1990 and thus have damaged frontal and temporal lobes due to both the manual intervention this operation required and blood starvation.

I have been left with wide ranging and often very complex mental health issues that both your Department and central Government refuse to understand, show compassion or any morality at all.

I will not stand for this abuse and evasion of my rights both under the UN Convention on the Rights of Persons with Disabilities and the UK equalities Act 2010 and thus expect to be treated with dignity and understanding.

These past few years since being made redundant in September 2008 through no fault of my own and since claiming council tax benefit I have been reassessed more times than I ever have in the years in work why is that because you are well aware of our static income as you have it on screen in front of you as I was told this by you.

I can understand once a year reassessment due to my wife’s part time work but 4 sometimes 5 times a year what is all that about? Incompetence?

Do you not understand this cause’s untold stress on both me and my wife? When all we want to do is pay what is owed with the least fuss possible indeed we never know what to pay from one month to the next and on many occasion have been left to guess as we had to this month based on the first bill as the second was wrong.

You then see fit to send out a letter informing us of an under payment when in reality there is no under payment at all and was based on the wrong full amount bill

You phoned us asking for more information to calculate the bill after having already sent out a bill hang on cant you calculate it before sending out first bill?

Admittedly this information was sent to you late but please try and understand citizens because there was a very logical reason that really had you noted on the many occasions I told you, you would have understood but for the record and this time please note it, I have executive dysfunctioning this is explained here so please look it up and read it:

Headway - Executive dysfunction after brain injury


This is why I do not respond to letters as quick as you would and why it takes me longer, this is also why a Judicial Review was won at the high court upper tribunal yesterday because both local and central Government discriminate against us with mental health conditions.

My blog you will do well to read because I am fed up with having to explain myself, I am weeping now at how uncaring people can be.

And so the judgment is handed down.. | Diary of an SAH Stroke Survivor

Now it has come to my attention because I have been forced to look it up in the Local Government Finance Act 1992 that we should be entitled to a 50% discount on our bills and not just the 25% my wife gets as a carer because of my mental disability

Quote: from Local Government Finance Act 1992

The severely mentally impaired

2(1)A person shall be disregarded for the purposes of discount on a particular day if—

(a)on the day he is severely mentally impaired;

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

(c)as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

So all this time since the bill was enacted we have been over paying you this I want back so please forward details of the evidence you require and the forms needed.

Please also reinstate my benefit as you have the information you require and finally send me an apology for the stress you have caused.

Yours Sincerely

[pompeyfaith]

Re: Havant Borough Council

They want to fuck me about fine then ill fack them about too which will cost them dear

[diddlydee]

Re: Havant Borough Council

Wishing you the very best of luck for a positive outcome, pompey x

[di30]

Re: Havant Borough Council

The council by the looks of it have no idea do they?

Well I know you will win this big time Pompey, you have very good strong grounds, love your letters too, I wouldn't want to be them lol!

Fingers crossed, this will be sorted in no time.

[pompeyfaith]

Re: Havant Borough Council

Well the first lot took just 4 weeks from start to finish ;-)

[helmsman]

Re: Havant Borough Council

My Letter in the post to them and emailed.

Revenues and Benefits Services
Havant Borough Council
PO BOX 75
Havant
Hampshire
PO9 2ER

Dear Sir/Madam,

Complaint regarding Council Tax payable to

It has been noted that despite you being told many times both at the council offices and on the telephone that I have a profound and complex mental health condition due to an SAH Stroke that need an 8 hour deep invasive craniotomy to clip a bleed that was caused by a weak middle cerebral artery that I was born with.

These happened on the 7th April 1990 and thus have damaged frontal and temporal lobes due to both the manual intervention this operation required and blood starvation.

I have been left with wide ranging and often very complex mental health issues that both your Department and central Government refuse to understand, show compassion or any morality at all.

I will not stand for this abuse and evasion of my rights both under the UN Convention on the Rights of Persons with Disabilities and the UK equalities Act 2010 and thus expect to be treated with dignity and understanding.

These past few years since being made redundant in September 2008 through no fault of my own and since claiming council tax benefit I have been reassessed more times than I ever have in the years in work why is that because you are well aware of our static income as you have it on screen in front of you as I was told this by you.

I can understand once a year reassessment due to my wife’s part time work but 4 sometimes 5 times a year what is all that about? Incompetence?

Do you not understand this cause’s untold stress on both me and my wife? When all we want to do is pay what is owed with the least fuss possible indeed we never know what to pay from one month to the next and on many occasion have been left to guess as we had to this month based on the first bill as the second was wrong.

You then see fit to send out a letter informing us of an under payment when in reality there is no under payment at all and was based on the wrong full amount bill

You phoned us asking for more information to calculate the bill after having already sent out a bill hang on cant you calculate it before sending out first bill?

Admittedly this information was sent to you late but please try and understand citizens because there was a very logical reason that really had you noted on the many occasions I told you, you would have understood but for the record and this time please note it, I have executive dysfunctioning this is explained here so please look it up and read it:

Headway - Executive dysfunction after brain injury


This is why I do not respond to letters as quick as you would and why it takes me longer, this is also why a Judicial Review was won at the high court upper tribunal yesterday because both local and central Government discriminate against us with mental health conditions.

My blog you will do well to read because I am fed up with having to explain myself, I am weeping now at how uncaring people can be.

And so the judgment is handed down.. | Diary of an SAH Stroke Survivor

Now it has come to my attention because I have been forced to look it up in the Local Government Finance Act 1992 that we should be entitled to a 50% discount on our bills and not just the 25% my wife gets as a carer because of my mental disability

Quote: from Local Government Finance Act 1992

The severely mentally impaired

2(1)A person shall be disregarded for the purposes of discount on a particular day if—

(a)on the day he is severely mentally impaired;

(b)as regards any period which includes the day he is stated in a certificate of a registered medical practitioner to have been or to be likely to be severely mentally impaired; and

(c)as regards the day he fulfils such conditions as may be prescribed by order made by the Secretary of State.

(2)For the purposes of this paragraph a person is severely mentally impaired if he has a severe impairment of intelligence and social functioning (however caused) which appears to be permanent.

(3)The Secretary of State may by order substitute another definition for the definition in sub-paragraph (2) above as for the time being effective for the purposes of this paragraph.

So all this time since the bill was enacted we have been over paying you this I want back so please forward details of the evidence you require and the forms needed.

Please also reinstate my benefit as you have the information you require and finally send me an apology for the stress you have caused.

Yours Sincerely

[Pixie]

Re: Havant Borough Council

Good luck with this PF.

I'm of the opinion that workers in the Benefits Section of local councils have even less brain cells than dcas.

[pompeyfaith]

Re: Havant Borough Council

Thanks Pixie I have had an acknowledgement so it is tic toc

Dear Mr

Thank you for your email. I acknowledge receipt of your complaint and can confirm this will be dealt with as soon as possible.

Kind regards
Fran Isham
Fran Isham
Benefits Assessor
for and on behalf of
Havant Borough Council
t: 02392 446382 / 02392 4463863
f: 02392 446361 e: benefits@havant.gov.uk

[Pixie]

Re: Havant Borough Council

It might help if only one benefit adviser dealt with a claim.

[pompeyfaith]

Re: Havant Borough Council

Indeed in cases like mine they should be dealt with just one person or have a department that deals with such as there is no sighposting you are just trown in to the mire with everyone else.

The law was again written without us in mind.