How Housing Benefit Is affected when children go to Uni

Helensweet

Hello
I have just discovered I have had my housing benefit suspended! I have 3 children who are 20, 18 and 2. I am also a foster carer for one child long term and another child on a short term basis. When my eldest daughter went to uni in Sept 2008 I investigated how this would affect my benefits. I was told by housing benefits that as long as she keeps a bedroom at my home and returns during the holidays then she is considered to still be living with me and only temporarily accommodated at uni. My second daughter also started uni in sept 09. I received a phone call from housing benefit last week saying that they are no longer considered as living with me and so I will only be entitled to a two bedroom house instead of the four that I claim for now.
At the same time I was asked for information about my foster children who are not considered when they assess size criteria and the maintenance payments I get for my 2 year old which are also disregarded.
I provided all this information and a letter appealing the decision about my two eldest daughters on Monday of this week only to be told that my housing benefit claim had been suspended until this has been sorted out. It had in fact been suspended before I received the phone call and so stopped my latest housing benefit payment coming to me, which has meant that I can't afford this months rent due yesterday.
Are they allowed to suspend my claim before they have even asked for information from me? And, what is the position regarding children at university?

[Deleted User]

as far as i understand it as long as the student moves out and has their own address they are not counted as living with you,I suspect they would have to have their names taken off the electoral register and then register where they are living while at uni.if they are coming home for short visits this wouldnt affecy anything,but i`m going off what happened with us and other benefits when dd went to uni.

Fire_Fox

It would be worth speaking to the person in the council who is your contact regarding the foster arrangement and asking their advice and support - there must have been other foster carers in your shoes. As regards your rent, it would be wise to contact your landlord ASAP to let him know that your claim is being re-evaluated.

It may be that as full time students your daughters are now expected to contribute to the household as they have an income in the form of grants, maintenance loans and (hopefully) a part time job. Student finance is supposed to be sufficient to maintain a student year round, hence the allowance is smaller in the final year where it does not cover the summer months.

AnxiousMum

Having a child go to University in effect, makes them an independent adult due to having student loans etc. That is income in the eyes of any of the benefits agencies, and as said above, they would be expected to pay room/board when they are home.

shjo558

Hi,

Firstly - the student part.

This is a really interesting area of Housing Benefit law and is a common area for appeal by claimants.

The circumstances you describe have actually been tested in court and the result was favourable to the benefit claimant.

Here's a link to the case law which is legally binding - might be useful if you want to make an appeal with you local authority http://www.osscsc.gov.uk/ASPX/VIEW.ASPX?ID=2675

And, the foster children issue is even more intriguing! Housing Benefit law has it's knickers in a twist with this. The DWP guidance manual says they should not be included, however the actual law doesn't say this. This is one area that local authority benefit staff would love a test case to go to appeal to get this matter clarified once and for all. There are two debates really. First one is that the fostering allowance paid should in part be used to accomodate the children so no extra HB and the flip side to that is that foster child should be treated as a "non dependant child" and extra rooms should be allowed.

I would suggest you appeal the first point definitely as this has already been tested in court but only appeal with the foster children part if you want a long drawn out battle.

Hope this helps a bit.


Edit - Meant to say, if the students are treated as part of your household then they are disregarded for Council Tax purposes and their income/loans etc would not have any negative affect on your Housing Benefit.

Helensweet

Thanks for the link, that's really given me hope after an awful conversation with Housing Benefit today in which I was told not only will they reduce my housing benefit but they may require me to pay back any overpayment - this would amount to several thousand pounds. When I asked what will happen next. I was given the vague response that a senior technical advisor will look at my case, it may go to appeal in which it could take as long as 13 weeks to be considered!!!

Helensweet

As for contesting the foster children issue - how would I go about that? I did take it to my local MP several years ago. She raised the issue in the House of Commons on my behalf but then nothing happened. Any suggestions as to what I could do next?

shjo558

Hi,

I'm glad you found my advice useful - nice to know that so thank you:D

There are a few ways to take this forward and it's as simple as just appealing yourself or you could try and get professional advice from a third party (for free of course;)).

For the student part, it might be worth asking your council for an appointment with a senior staff member who has an IRRV qualification. That's the main qualification that covers Housing Benefit. There are 2 levels - IRRV Technician and IRRV Professional which would take several year of hard study and exams to sucessfully complete. Folks that have either of these will be very clued up on the actual laws that govern benefits so should be able to research the law and apply it correctly. If you do this, print off a copy of that caselaw and take it with you. Most HB staff do actually want to help people and researching these complex areas of law can actually be fun for some of them:o

The fostering part is more difficult as the law is not adequate. If you foster through social work it might be worth asking if they have a benefit advisor that could help you appeal this all the way? Most Council's have welfare benefits advisors to help people with appeals etc. Also might be worth trying your MP again (it is an election year!) or even MEP as there may be Human Rights laws that could be dragged into this.

Let me know how you get on and good luck.

Helensweet

I am currently being supported by The council's Welfare Rights And Money Advise Service. They have told me that my case is currently being looked at by a senior technical advisor. He is supposed to be contacting me for further information. The questions he wants to ask are
1. Are my children eligible students? They don't claim Housing Benefit for their student accommodation so I gather this means they are not
2. What do I do with my children's rooms when they are not there? I said nothing - I just leave them until they get home???

Helensweet

The Senior Technical Advisor phoned me yesterday to inform me that they had made a mistake. My children are still considered as living with me while they are at university and so I continue to be entitled to a 4 bedroom house. They will back date the payments to the day they suspended my case!