Benefits - my council requested full disclosure from my employer for my benefit claim

[peter_m]

Hi,
I have been applying for housing benefit with my co-habiting partner to my local council.
My partner is a full time POST GRADUATE student attending 2 days a week or less at a uni 300 miles away from home to which she is commuting. 100% attendance is not required and most of work required, students submit using the uni's on-line filing system.
The council send me a letter in which is assumed, that she does not live with me and requested to only put my name on the application. Reluctantly I did and I saved copies of council letters in case I will be investigated of benefit fraud. Nevertheless submition of all required documents had a very little result. On the 4 of Dec 2010 I was told that "yes we have all except your Dec pay slip" So the council bought some time for themselves as I do not know anybody who gets payslips and wages at the beginning of the month.
So in January I have submitted my Dec pay slip but what I was ask to bring? Januarys Pay slip. Now 3 months on the council demands from my employer to disclose:
- End of Year financial report,
- My employers bank statements (limited accounts not individuals)
Where do I stand. I've been getting those "ransom notes" from the council for months and my case is nowhere near to be considered.
I need advice and potentially help to be compensated as I am loosing it and no one can make any sense of it including citizen advice.
Also I have now been served with note from my landlord of seeking possession (15,Dec) and legal proceedings started on 17 Jan.

[bednobs]

have just looked up HB rules and you can't apply for HB if you are in full time education they are not being racist, nor asking you to lie

[jackthehat]

Peter - It would seem that your options are;
1. Provide the Council with *everything* they are requesting; you will receive nothing otherwise;
2. Find yourself some employment - if your 'company' is presently not trading, you'll have a lot a free time on your hands......

I think your question has run its course, despite the willingness of ABers to help, the solution to your problem lies entirely within your own grasp.

[jackthehat]

* a lot of free time

[peter_m]

Thank you for all your responses.

redhelen - if you are in fact a governement employee, please point me out to a legislation that , without a court order, grants an authority to the council workers to demand full disclosure of a private limited company. I have nothing to hide, just want to do it by the book.

[jackthehat]

See point 1. in my previous post.

They are not duty-bound to accept your word for anything..........they require proof. It's no skin off their nose NOT to pay you.....

[peter_m]

redhelen - thank you for your last comments re: full time education.

I appreciate your input and I do understand this now. But the statement of facts is actually contrary to the true picture. I do not live alone and new application form states exactly that. Will I be hold liable for making false statements?

[sandyRoe]

If you don't supply the information they want you will not be getting benefit.

[peter_m]

jackthehat - I do appciciate that and I have provided all required documents and forms in good will.

Imagine if you were working at ASDA and your local council would hold up your case until you bring your employers detailed, and I quote the requirements: Audited accounts, and bank statements relating to my employer.

As far as the benefit guidelines published and available to every one on-line nowhere says that the council may investigate an employer of a subject in question for benefit purposes. If any body wants to find out any details about any company registered in the UK, companies house is happy to help for a fee. When I sign financial reports regarding the company, they all carry confidential markers with exception of those that wre published at the end of financial year on Companies House.

[jackthehat]

I would, indeed, be in a bind.

But that's not exactly the same scenario as yours.
I am not ASDA and ASDA are not me............whereas you were a sole trader, so the company IS you, and you ARE the company. Your reluctance to provide them with the relevant details is only extending your claim, I'm afraid.

[peter_m]

thank your redhelen.

I have no objections to be investigated, however me and my employer are two different entities protected by law.
If I was a soul trader my duty to the council would have been to provide those statements as it would have been me who is the company in question. In relation to my employer I see no legislation that has an overall powers to disregard Companies Act and I have now found that such demands carry 2 years prison sentence and a fine or both. Can you explain please.

[redcrx]

with all due respect anyone who works for ASDA and is trying to claim benefits will not be a director with access to funds and other payment means.

who are the other directors of this company? are they somehow refusing you access to this info that the benefits agency require? perhaps you should ask the agency to start legal proceedings, though they wont, they will just put your claim away until you give them the financial info they require

[peter_m]

Dear jackthehat,

I am not a company, based on Intermediaries Legislation (IR35) I am an employee of a private limited company.

As an appointed director my objectives are highlighted in the companies act that include protections of confidential informations and so forth.

[redcrx]

they may well be protected in as much as someone cannot go and get info without your permission. BUT this is for you, you are the claimant, the benefit agency couldnt care less if you dont supply all of the info or not. If you dont they dismiss the claim.

[EcclesCake]

I have been following your numerous posts with interest but still cannot fathom why are you so determined to exploit legislation that is actually working against you as an individual?

[mazamoo]

surly if you are a director, you would have been the one to submit the invoices,incomes ,outgoings, accounts etc to the accountants and therefore would have coppies to provide to the council. you are in effect your own employer.
this is totaly differant to being employed by say, ASDA or ARGOS.

[peter_m]

thank you redcrx.

A bit of a break through. Housing Ombudsman has now got involved in the process.
After presenting my case to the office, officer who interviewed my have issued a reference number for my case. Since I have not complained to my local council under normal circumstances I would have been advised to go to Citizen Advice but the officer got very interested and decided to make a note for further enquiry.

So how come the Ombudsman says one thing and Council another?

[peter_m]

Dear mazamoo,

How my employment is any different ? I am an employee of a private limited company, I receive my pay slips every month like any other person who is employed by any other co in the UK.
What makes me so special? And most importantly why I am being asked to act contrary to my contractual obligations?
Financial reports are available at the companies house.
In terms of "Protected information" Co Act 2004 and freedom of information act. Now in relation to companies bank statements, those may be requested if a court order is served.

So where in any legislation, the council gas the right to obtain those without following the rules?