Income support to Job Seekers ALlowance

Dellyb

Hello I have a very big problem and I am trying to do this all by myself but I feel I might need some advice..here goes.

In October last year I got made redundant and therefore I made a claim for benefits and I was told that I was entitled to Income support due to myself having 3 children aged 3, 11 and 14. I therefore claimed that benefit.

In December last year I lost custody of my youngest and my child benefit stopped for him on the 11th January 2009.

On the 8th April this year I had an appointment with my Lone Parent Adviser and I told her that I was desperate for a job and just out of conversation I told her that I did not have custody of Ryan anymore and she therefore told me that unfortunatley my income support would cease from today and that I had to claim JSA being I did not have a child under 10 living with me. This I did straightaway.

I have received a letter from Income Support saying that I have to pay all my housing benefits, council tax and income support back from the 11th January to the 7th April I am appealing on this due to the fact that I had no knowledge that because my son did not reside me anymore I could not have income support even though its the same money as JSA.

However I have now received a letter from the DWP saying that they want money from me from the date of my claim amounting to over £1,679.00.

I still had custody of Ryan then and the COurt Order is dated the 14th December 2009.

I have asked for JSA to be backdated 3 months but surely if they do not agree with this or that my Income Support does have to be repaid what do I do because quite clearly I had no other income and that I was not informed. I have a leaflet which clearly states that you can have income support if you are a lone parent and no mention about the child ages...HELP im getting worried cause I cant afford to pay the amount back out of my benefits

KeaneFan10

It was down too you to tell them about 'any' change and that was your youngest child no longer living with you, with income support its a very complicated benefit therefore any change should be reported, it doesn't mean anything to them that the two is and jsa were the same amounts they are still different benefits, they cannot take the whole amount at once but they can take so much and with income support it has to be paid back by law

Dellyb

Yes I accepted that but when you have your child taken off you by your ex its the last thing on my mind informing income support and I was never informed that I should inform them that I no longer had a child under 10. On the leaflet I have in my possession it says quite clearly that you can claim income support if you are a lone parent.

If I do have to pay the income support back what does that mean ? Surely for them 12 weeks or so I should have some sort of benefit ???

kingfisherblue

You should have transferred to JSA, but because you didn't inform them of the change, they didn't transfer you. Although you were no doubt in an emotional state, it is still your responsibility to inform of any changes. Have you informed tax credits? If not, you might have an overpayment there as well.

Vader123

Dellyb wrote: »

the last thing on my mind informing income support

When you are relying on someone (ie the state) to pay your way its vitally important to inform them of any change.

Its on every award letter you ever got.

sorry to bare bad news, but I can't see "ignorance" as a defence.

Vader

NASA_2

Dellyb wrote: »

Yes I accepted that but when you have your child taken off you by your ex its the last thing on my mind informing income support and I was never informed that I should inform them that I no longer had a child under 10. On the leaflet I have in my possession it says quite clearly that you can claim income support if you are a lone parent.

If I do have to pay the income support back what does that mean ? Surely for them 12 weeks or so I should have some sort of benefit ???

If you made your claim by Paper claim form or online then you will have 'signed' a declaration saying you will inform them of anything that 'may' affect your entitlement to benefit. You then failed to do so. Bang to rights as far as the overpayment goes.

Just ask them to be nice when it comes to deciding at what rate you have to pay it back.

Now read the declaration
I understand that

● if I knowingly give information that is incorrect or incomplete,
I may be liable to prosecution or other action.

● I must promptly tell the office that pays my benefit of
anything that may affect my entitlement to, or the amount of
that benefit.

I declare that the information I have given on this form is
correct and complete as far as I know and believe and I have
included all my income and savings.
(Under section 15 of the Social Security Fraud Act (NI) 2001 it is an
offence to fail to notify a change of circumstances promptly.
Failure to tell us about a change in your circumstances promptly

may result in action being taken against you).

concerned43

Don't understand this. Your IS claim ceased on the 8th April and a new claim for JSA was made on that same day and therefore you were still entitled to HB and council tax benefit but not CB or CTC for the youngest. Moving from IS to JSA would show on the system as a change of circumstances and maybe this is where the confusion lies. With regards to moving to IS onto JSA - ou should have told them but don't see why you have to repay it. Go to CAB to get some advice and support.

NASA_2

concerned43 wrote: »

Don't understand this. Your IS claim ceased on the 8th April and a new claim for JSA was made on that same day and therefore you were still entitled to HB and council tax benefit but not CB or CTC for the youngest. Moving from IS to JSA would show on the system as a change of circumstances and maybe this is where the confusion lies. With regards to moving to IS onto JSA - ou should have told them but don't see why you have to repay it. Go to CAB to get some advice and support.

Once the youngest child left the household the entitlement ceased, the OP only declared that some time down the line after it happened, not when it happened.

Had it been a normal IS to JSA then there would have been no overpayment.

concerned43

I understand the IS overpayment but not the HB and council tax!

Dellyb

thanks for all the replies. I have sent my appeal letter in a few weeks ago and also I was advised by the CAB to send in a JSA backdate form..Which I did and yesterday I received a letter to say that I was not entitled to JSA. What on earth was I entitled to then ?

my HB & CTB has been sorted by myself and the local authority. They said cause I was only getting CTC I could have my benefits backdated which they have.

So Do I have to pay income support back my Housing Benefit back or does that have nothing to do with them ?

This is getting more and more complicated. If I was not entitled to JSA which I would have been if I had informed the benefits what would I have been entitled to ???

Killmark

Dellyb wrote: »

thanks for all the replies. I have sent my appeal letter in a few weeks ago and also I was advised by the CAB to send in a JSA backdate form..Which I did and yesterday I received a letter to say that I was not entitled to JSA. What on earth was I entitled to then ?

JSA backdating can be allowed up to 3 months, however some reasons can only be used for a maximum of 1 month.

Ignorance is not good cause for failure to declare change, neither is forgetting.

You would have been entitled to claim JSA for the period if you had informed the DWP of changes of your circumstances, when they changed.