Disabled Mum Set To Become First Person in Scotland Evicted Due To The Bedroom Tax

This woman will be receiving a reasonable level of welfare. If I were in her position I would be happy to pay a little out of my income. She is after all staying in a house and area of her choice. What's the big deal?

It is people at the lower end of welfare that will suffer. They cannot afford to pay and don't have the means to move. They will perhaps be offered a more difficult to let property in an undesirable area where you wouldn't send a dog.

This is good for local councils however as they can now fill some of those vacant domiciles that nobody wants.

Local councils can have some idiots working for them .
She should appeal and she will have this decision overturned in no time .

reply to post by 23432


She won't win.
The council have simply applied the law.
She could, of course, simply pay the charge from the discretionary fund they'd like to offer her. But she won't cooperate with their staff. She's a bloody fool.

Bye, OP !

reply to post by andy06shake

Its her home!

So people own council homes in England? I thought Council homes were a sort of government welfare for people? Just because you live in a home does not mean it is yours no matter what. I live in a home that i pay a mortgage for. If I stopped paying my mortgage they would take it away, even if i was a really nice person or i was mentally handicapped or something.

V

reply to post by Variable


"So people own council homes in England?"

Please read the title of the thread! LoL

"I thought Council homes were a sort of government welfare for people?"

Council homes are generally cheaper in rent and offer an assured tenancy agreement as opposed to a short assured tenancy(6 Month lease) that you would most likely get with private a landlord.

Essentially Council homes are a rented property for life. Plus after a period of time you have the right to purchase the property at a discounted price. However that may change in the future as the demand for council properties is outstripped by the amount them being purchased.

reply to post by andy06shake
.

my neighbours are 2k in arrears and still in a home it costs the council hundreds to go to court and to evict her it will cost the same plus she will be entitled to 28 days b&b at £200 + per week .

dp

Originally posted by geobro
reply to post by andy06shake

 

.

my neighbours are 2k in arrears and still in a home it costs the council hundreds to go to court and to evict her it will cost the same plus she will be entitled to 28 days b&b at £200 + per week .

Have you seen the type of people they put up in these B&Bs? If your neighbours have kids tell them to start paying there debt back sharpish. These B&Bs are little or no better than hostels. My point is it could be rather a large culture shock for them and there family! Not a road i imagine they will wish to go down.

Originally posted by LeBombDiggity
reply to post by 23432

 

She won't win.
The council have simply applied the law.
She could, of course, simply pay the charge from the discretionary fund they'd like to offer her. But she won't cooperate with their staff. She's a bloody fool.

Bye, OP !

At a tribunal hearing she will win her case because the mitigating circumstances shall be taken into account by an independent judge .
Council might have applied the law but this is a case of Spirit of the Law vs Letter of the Law .
I don't believe what the council says about her non cooperation.
She might be a fool but that doesn't make her remedy to become void and null.
Whoever generates an obligation to pay/perform is also obliged to provide a remedy .

reply to post by 23432


She won't win at appeal.

You don't believe the council but you do believe her 100% ? Then more fool you.

You're & others are awful easy led.

Originally posted by andy06shake

Originally posted by geobro
reply to post by andy06shake

 

.

my neighbours are 2k in arrears and still in a home it costs the council hundreds to go to court and to evict her it will cost the same plus she will be entitled to 28 days b&b at £200 + per week .

Have you seen the type of people they put up in these B&Bs? If your neighbours have kids tell them to start paying there debt back sharpish. These B&Bs are little or no better than hostels. My point is it could be rather a large culture shock for them and there family! Not a road i imagine they will wish to go down.

edit on 22-8-2013 by andy06shake because: (no reason given)

the b&b's up here are really good the council would never put anybody out that was trying to pay .

even if they payed a few pounds more per week they are pretty decent i cannot understand the council's policy down there as this woman will be on the top rate of disability benefit 6-800 pm .

Originally posted by stumason
reply to post by ChaoticOrder

 

As for the story, being kicked out by a LABOUR run council for £248 arrears and their blaming the Government? This is quite clearly the local council attempting to make political hay out of this in order to garner votes, all at the expense of this poor woman. They are the ones who should be ashamed.

For once I agree with you, 248 quid is peanuts compared to some tenants that owe thousands and the courts will not put them out, even people that have smashed up their homes and created hell for neighbours are almost impossible to evict,
The court would have a field day with this council as eviction should be the last resort the council would be expected to offer the lady an exchange for a smaller property before even thinking about eviction.

A few councils have recently re catigorized some of their properties with a box room as smaller dwellings, this no doubt is also a finger up to government.

In my opinion councils and particularly Housing Associations have actually caused most of this misery by handing out houses like smarties to totally unsuitable families. I personally live near a HA estate where almost 50% of the properties are under occupied.

Speak as I find and here goes ahem (dreading the backlash) having spent some time trying to investigate this it appeared to me that it has been christmas for young single out of work mums for quite a few years when it comes to housing stock.

The problem is now starting to get compounded because many females on the estates have their own strategy when it comes to the "Bedroom tax" simply knock out more babieswith a temporary lodger to fill the empty rooms.

I personally know single middle aged women that live in 2 and 3 bedroom houses whos kids have grown up, that are now suddenly pushing double buggies again !! I wonder why ?

Sadly I do believe that the disabled lady mentioned is but colatteral damage in a country whos' least well off population is at war with itself thanks to the career politicians using it at every oportunity to further their own agenda and ensure their own family continue to eat from Waitrose.

MHO of course

Originally posted by LeBombDiggity
reply to post by 23432

 

She won't win at appeal.

You don't believe the council but you do believe her 100% ? Then more fool you.

You're & others are awful easy led.

I was at a tribunal very recently involving a case somewhat similar to this one and I have watched the Judge rule in favour of the appealant.

You are rather short and curt with your legal opinion about this case . Also you are choosing to believe a fictional entity over a real human being which I have found to be a rather naive act.

For the intent and purpose of the law
Hath full relation to the penalty.

also

The quality of mercy is not strain'd,
It droppeth as the gentle rain from heaven
Upon the place beneath: it is twice blest;
It blesseth him that gives and him that takes:
'Tis mightiest in the mightiest: it becomes
The throned monarch better than his crown;
His sceptre shows the force of temporal power,
The attribute to awe and majesty,
Wherein doth sit the dread and fear of kings;
But mercy is above this sceptred sway;
It is enthroned in the hearts of kings,
It is an attribute to God himself;
And earthly power doth then show likest God's
When mercy seasons justice.

I'm just curious, is the reasoning that she could be renting out the allegedly empty room and hence making up that money or more than what is being deducted?

reply to post by 23432


I don't know if any appeals have yet been heard about the bedroom tax, have they ?

Based on your extensive knowledge of the social security appeals system, how would you approach this one ? Would you ask for a revision, a supercession or would you go nuclear and straight to appeal ? What regulations is it you're disagreeing with, in particular ? Where have the council gone wrong, where have they deviated from legislation ?

I honestly love you to quote from social security regulations to back up what you're saying, almost as if it's you who are presenting the appeal to the tribunal. Quote us case law, test cases etc etc.

Go on. I dare you. But ...

Don't try to dazzle us with the Sovereign Man routine because that truly won't cut it in front of a tribunal. That routine's only useful for gaining a few extra points on your ESA assessment due to mental health problems.

Go on. You're our resident social security expert.

The floor is all yours.

reply to post by caitlinfae


We know for a fact that women are a lot more in dept than men in the UK, mostly it is easy to see, women do get lots more in benefits than men get, women waste millions of £s, they buy more food but 70% of that is dumped in land fill each week, they buy it, but wont eat it all. They have Sky TV services, Mobile phone bills 5 times higher than a man would ever use a month, they drink lots more, eat out lots more than men, the working class are getting sick of women moaning about money and yet people who work are taking home less than a female who has never worked.
I am for the cuts in benefits, most men are for it, women get 85% of the health services in the UK on top of 67% in money they are given, o yes given, women should always keep the roof above there heads, that must be first okay? cut out the costly Sky TV services, and the £200 a week car fuel money running around with other females, stop treating all your mates in cafes, O yes we see them, go into any cafe in the UK from 8 AM to 3PM and 96% of people munching are women, they never stop do they? do they stop munching in bed? no even my sister munches till she falls to sleep.
Sorry girls, but men only have to see how small your clothes look the last 10 years to see your not short of money to buy food with.
Take care with your money, do NOT get in dept, my mum always told me that if you cannot pay your rent this week, you wont be able to pay next weeks will you? where does that lead you?

Originally posted by LeBombDiggity
reply to post by 23432

 

I don't know if any appeals have yet been heard about the bedroom tax, have they ?

Based on your extensive knowledge of the social security appeals system, how would you approach this one ? Would you ask for a revision, a supercession or would you go nuclear and straight to appeal ? What regulations is it you're disagreeing with, in particular ? Where have the council gone wrong, where have they deviated from legislation ?

I honestly love you to quote from social security regulations to back up what you're saying, almost as if it's you who are presenting the appeal to the tribunal. Quote us case law, test cases etc etc.

Go on. I dare you. But ...

Don't try to dazzle us with the Sovereign Man routine because that truly won't cut it in front of a tribunal. That routine's only useful for gaining a few extra points on your ESA assessment due to mental health problems.

Go on. You're our resident social security expert.

The floor is all yours.

I think that you are taking this case rather personally but I stand corrected anyhow .

An appeal at high court is on it's way with regards to the issue of bedroom tax .

In this individual's case , she needs to write down why she believes the councils decision is not agreeable to her .

Without seeing the case specifics I might hazard a guess perhaps ;

If you disagree with a decision made in respect of your Council Tax, you may appeal against the decision. Only the person liable for the Council Tax may appeal, although this does not prevent someone acting as a representative for that person.

An appeal may be made on any of the following grounds:

A dispute over who is liable for the Council Tax
A refusal to grant disabled person's reduction
A refusal to grant a discount in respect of the Council Tax
A refusal to grant a property exemption from the Council Tax

I can see at least on two grounds she may appeal .

Legislation is not always correct in it's application and clearly this lady feels that in her case the council has made the wrong decision in other words she is not accepting the decision therefore she has right to pursue this matter further in the court of law .

In her case she probably will go to :

HM Courts and Tribunals Service (for appeals relating to Housing Benefit)

You may also take these into consideration too :

Appeal

Lawyers for adults with disabilities today confirmed that they intend to appeal the ruling, arguing that the discriminatory impact of the measure on people with disabilities cannot be justified and is unlawful.

Disabled children and their families also intend to appeal as they are now left in a position where they do not know whether in fact they are entitled to full housing benefit to meet the costs of the homes that they need. This is because the Government has declined to confirm that the new Regulations, which the Court says must be made, will cover their situations, or to provide a date by which the new Regulations will be made.

Since the new housing legislation was introduced it has had a devastating effect on many people across the country. Charities, Social Landlords and Advice Agencies have spoken out about the plight of people with disabilities who have been affected by the measure.

3 law firms are representing the Claimants: Hopkin Murray Beskine, Leigh Day and Public Law Solicitors.

I have not mentioned anything about Sovereign Man routine because it is irrelevant in this case i.e you may not be a receipient of benefits and priviledges while claiming to be a Sovereign.


You have also asked " Where have the council gone wrong, where have they deviated from legislation ? "

I remind you the previous quote above :

For the intent and purpose of the law
Hath full relation to the penalty.

One of the weakest member of a society is an under attack by a fictional entity . Of course this being the ATS , I could go on to rant about how this is a case about Scotland's independence but I shall refrain from it for now . Suffice to say that in this case " Security of the Person " is being redefined under the colour of law .

Finally , councils do make mistakes and I have seen with my own eyes how these mistakes actually ruins some people's lives .

I do find your blind trust in this councils decision to be disturbing but hey it's a free world and you are entitled to your opinion regardless .

I remember the poll tax fiasco and there were people arguing that it was just and right to impose poll tax ; however majority of people in England disagreed and poll tax have been repelled.

Similar reaction is going to take place because it is insane to throw a disabled person on the streets . We are a social democracy for a reason , right ?

Originally posted by andy06shake
A SEVERELY disabled mother of two will become the first council tenant to be evicted in Scotland due to the Bedroom Tax.

Mrs Lorraine Fraser, 46 from Uddingston, South Lanarkshire who in afflicted by Coliosis, Curvature of the spine and arthritis and is also wheelchair bound is being forced out by the local Labour run council who took court action to force her out her specially adapted flat after being moved there over two years ago. And all this for failing to pay just £248 in arrears!

Mrs Fraser commented.

“What kind of people would throw a disabled woman and her kids out on the street? They have no compassion or conscience. My condition is getting worse every day. This has caused me so much stress and anxiety it’s making me really ill. I feel at the end of my tether. I have tried to explain to them that my children still live here. My son sometimes stays at his dad’s house because we are divorced but this is still his home.I feel angry, upset and totally helpless. I thought I still had a month to sort this mess out but then I got a letter to say they had already started the legal process. I feel like my life is falling apart. I have been in this house for two years and it was the council who put me here because they knew I needed a specially adapted home for my disability. Now they want to throw me out on the street like a piece of old rubbish. They are targeting the most vulnerable in our community. It’s a disgrace they are allowed to get away with it.”

This is an absolute travesty! People need to realize the damage being inflicted on upon vulnerable members of the community by our very own government.

This "Bedroom Tax" is the worst idea our government has had since the Poll tax and needs to be thrown out before more disabled members of our community are similarly affected!

Mahatma Ghandi said that "The measure of any society is how it treats its weakest members when fallen upon hard times". Maybe our local councils and government bodies should think on his statement because it sure seems to apply in this case!

www.dailyrecord.co.uk...

Mods, Please move if this is the incorrect Forum.

edit on 22-8-2013 by andy06shake because: (no reason given)

there you go highlighted the pertinent bit. she is being kicked out by a LABOUR run council and not the government.

Btw it isn't a tax so stop using the same bull craap rhetoric that Liebour do. i suppose you also go with the tories giving their millionaire chums a tax break when they dropped the top rate from 50 to 45 %. Lets have a little education session shall we. What was the top rate of tax when Liebour came to power in '97 ? Answer 40 %, now they were in power for 13 years and increased the top rate to 50%, when ? answer 30 days before they were removed from power, shall i count the amount of days that Liebour failed to address fat cat bankers and their bonuses, or can you work that out for yourself. Give or take (allowing for leap years) 4745 days and they raised it for 30 days max. Yeah, the tories helped 'their' fat cat mates.

when will you realise it doesn't matter what colour is in power the game and players stay the same with the same policies is being forced out by the local Labour run council

Stupid mouse deleted part of the original quote so i had to paraphrase

Originally posted by RedCairo
I'm just curious, is the reasoning that she could be renting out the allegedly empty room and hence making up that money or more than what is being deducted?

Quite, she could charge her son (who uses that room but is over 18) £10 a week and make a profit, but hey, seems some people really are that stupid...

reply to post by stumason


I don't think council tenants are allowed to sub-let or take in lodgers...and perhaps even if allowed the extra income could impact on her benefit entitlement.