Housing Benefit & Phantom Income

I have case at the moment where the LA is:

1. Refusing to backdate my client’s benefit
2. Refusing to reinstate his claim

All because client has not provided them with a letter confirming the end date of previous employment. Though proof has been given of his current income they have decided that in the absence of any evidence that he has left his previous job they will assume that he has 2 jobs and include both incomes in their entitlement calculations.

Client was a temporary worker and cannot get confirmation of the end date of his employment from his former employer. He is between a rock and a hard place.

Is the LA entitled to assume that he is receiving income from this previous job and are there any suggestions for the best way forward. I can prepare a letter stating the ridiculousness of the situation but some regs or case law would be most welcome.

Try CH/0163/2003, CH/0978/2009 & R(H)1/09- all deal with the issue of what is reasonable, etc.

All employers required to provide a P45 at the end of employment. If the employer fails to give the client a P45 after being asked to do so, the client should contact her/his tax office so that it can ask the employer to issue a P45.