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.

[redcrx]

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

they are requesting it, they havnt taken the info or aquired it any other way. They have asked for it. You really do need to understand that you need to give this to them.
as i said earlier, who are the other directors and are they refusing you the details?

[mazamoo]

you know, i really dont care.
good luck with it any way xxxxx

[peter_m]

Thank you for taking your time EcclesCake.

I am not aware of any legislation that is working against me as an employee of a private limited company. I am aware of the Companies Act 1989 and 2006 and paragraph 458 or protected information paragraph 240.

[hc4361]

Good heavens. This proves some people just will not be told.

You obviously don't want to accept the simple facts that have been told to you time and time again over the past few days.
The council has an obligation to make sure that benefits are paid only to those who fit the criteria.
If you do not want to provide this full information, including YOUR company accounts, the only choice you have is not to claim.

[peter_m]

Thank you for your response redcrx.

I will give them all information relating to me.
Appointed company secretary has objections to discloasure. He will agree to release any information providing appropriate procedures are in place ie: court order to disclose "Protected information" paragraph 240

[EcclesCake]

I cannot imagine what AOG would make of this and the related threads ;-)

[sandyRoe]

I think you need to accept that you won't be getting housing benefit, then.

[redcrx]

well if i were you then Id start legal proceedings against the company secretary yourself to get the info that you need.

Or find another way of earning the money to pay your rent

[peter_m]

thank you for your remark hc4361 and taking time to read this topic.

But let me explain.
- I am not a soul trader company.
- I work full time a appointed company director binded by to Companies Act
- All documents that under Freedom of information act are published on-line at Companies House for anyone to view with exception of bank statements that under such act are "Protected information" paragraph 240.

[EcclesCake]

Sorry but it still sounds like deliberate obfuscation to me.

I may well be wrong but you seem more intent in demonstrating your knowledge of how to not reveal information than how you could actually help yourself.

[jackthehat]

What business are you in;
1. That you were a sole-trader,
2. That is no longer trading BUT still pays you £ 500 a month (from what ?),
3. That employs you full-time (doing what all day, exactly, in a business that isn't trading ?) leaving you no time to earn money from another source ?

[peter_m]

Thank you redcrx for your comment.

Like I said early I have nothing to hide. All I want is to be treated fairly and lawfully.
The Council does not, in my view, have powers to demand information that is classified as "Protected Information" unless court order is served for a full disclosure.

This is what my dilemma is. The Law states quite clearly what my responsibility to the company are including confidential informations protected by this Act

[redcrx]

its not demanded it. Its asked for it so that it can carry on looking into your case.

They can ask for whatever they want. They could say they wont look at your claim unless you do cartwheels around the office. You either say no and risk not claiming or try and do the cartwheels!

[hc4361]

I can understand your posts, but please, it is SOLE trader, not soul.
If you are being paid £500 per month you must be working part time and so can find another job.

[mazamoo]

you are "special" as you put it because.....
you are employed by a company of which you are a director and most probably are the secretary as well.
what information is it that you are so keen to "protect"? they would request the same information from any of us wishing to claim and 99.9% of people would give it without question. if you have money saved or invested this will affect your claim.
my otherhalfs brother was in the same situation a couple of years back and had no trouble in claiming just give it to them and all will be fixed.

[peter_m]

Thank you EcclesCake for your comment.

I have no problem releasing "Protected information" to third parties, but UK Law is something I will not be breaking. If however I release sensitive or "Protected information" is something that the council may require without a court order, please tell me where does it say that to assess ones benefit claim Council has full rights to ask for employers full disclosure.

To ad insult to injuries today I was asked to bring my January's pay slip. Has any of you got your January's payslip yet?

[hc4361]

Answer some small questions in a straightforward and simple way, please.

In what capacity are you employed by your company? What is your job title, role? How many hours a week are you contracted to work?

[peter_m]

Thanks hc4361 - SOLE :-) my mistake but do not hold against me as English is my third language.

[redcrx]

ive got my january payslip :)

"I have no problem releasing "Protected information" to third parties, but UK Law is something I will not be breaking. "

are you under the impression that you cant disclose this without a court order? Thats not the case, the company can give this info out whenever they wish to whoever they wish. Its you and the company that are refusing, and it is only going to affect you if its held back.

[peter_m]

Dear redcrx,

Well perhaps if we were under Dictatorship in the UK rather then Democracy that is govern by Law and regulations, I would have to shut up take 10 lashes kneeling down in the village square. Since that is not the case, protected information clause does apply.
Disclosing protected information may result in loss of business or worse. Who is going to compensate me then? Now I am doing the government a favour that I work full time instead of claiming job seekers allowance.
If by result of mishandling or negligence I loose my employment, I will be claiming job seekers allowance putting more pressure on already overstretched system.