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.

[jackthehat]

Have you attended the Council Offices in person ?

[chelle7272]

Didn't you like the answers on your other post?

[bednobs]

to be honest, as you have your own business and are employing yourself i'm not surprised the council are asking for more info than they normally would. I thought you said in your other post that your g/f did not always live with you?

You are only giving sporadic "facts" so it's going to be impossible for anyone to answer you with any accuracy

[peter_m]

Fact are:
My gf lives with me. Every other week she is off for few days to attend exams.
I am appointed director of a private limited company regulated by Companies Act.
My company has remained in business only due to the clause that allows the company to pay me the minimum of 500/mth. Alternative is to declare bankruptcy as all I was doing over the years is to pay debts created when I was a Soul Trader. Now LTD is managing those debts and continue to pay creditors owed amounts.

[bednobs]

is this PLC your employer?

[jackthehat]

Have you attended the Council offices in person ?

[peter_m]

I am full time employed by LTD company.

[bednobs]

so you are employed by a company that you are also a director of? Can you not see that this is why the council want more information from you? If you were unscrupulous you could quite easily be hiding money that your company earns this is why they are asking you for the company accounts et al.

Just out of interest, if you werein poland, how would this situation be ahndled?

[peter_m]

jackthehat thank you for your anser.

Yes I did at least dozen times with various proofs and docs.
On the 4th of December I was required to bring Dec pay slip or my case will be refused. I had to write a letter highlighting the UK procedures but that had a little effect. January's pay slip is now required for my claim along with the rest of documents that are protected by companies act and demand of such carries 2 years prison sentence or fine or both.....

[redcrx]

what documents are protected by Companies act?

are you taking directors drawings as well as a wage?
I dont see how a company can be run to pay off a sole traders debts, but if the company isnt actyually making money then you may as well just shut ot down eh?

[bednobs]

also, if things are this bad, couldn't your g/f consider postponing her course and getting a job to help support you both? Studying is a luxury that you don't seem to be able to afford at the moment. Clearly your case is very complicated as even CAB who have had the benefit of seeing you and the documants can't understand it, so your best bet is t see a solicitor

[peter_m]

thanks you bednobs for your post.

In the UK we have to live the the LAW. and in any country in the EEA you may require to disclose confidential information of any company providing a court order was served.

Even if I had a company in Poland and applied for benefits there, private limited company is covered by Law and if any government organisation believes that disclosure is necessary it has to apply to court providing sufficient proof for court to act.

[jackthehat]

Make a specific appointment to see a Senior Manager at the Council Offices.
Take ALL relevant paperwork with you, including paperwork which explains why you *can't* produce everything that they require.

[peter_m]

dear bednobs,

My gf is in its final year of Master. This year she will achieve a Master Degree and no one would drop out from uni especially when the course was funded by our previous council that did not found any inconsistencies in our circumstances. Her education is to help us get of this benefit train. I wish I was paid more but nothing suggests that my company will be able to pay me more within the next 12 months

[redcrx]

Yes but if you are claiming then surely it's on your best interests to give them what they require. Otherwise they may think you are hiding details.

[bednobs]

well then that's a choice you hae to make then isn't it. If the masters is more important to her at the moment than earning money for you then so be it, but as far as i know you can't just claim housing benefit because you are in full time education rather than working - perhaps this is why they asked her not to be included

[peter_m]

Hi jackthehat,

I did that but the council still insists on those. I have been in touch with my accountancy firm and as far as they are concerned if they want to investigate a limited company they should write to the head office giving reason. The procedure is simple, submittion to court and should the court decided, realise order is made and "Protected Information" art 240 Co Act 2006 may be realised

[peter_m]

Thank you for your post redhelen.

However if you have no knowledge of the subject, please do not spam this topic.