Help again please!!

Sarah69

I am a single parent of 2 children off sick claiming esa and child tax credit, i get full housing and council tax benefit also.

This question is more related to my son, he is getting income based jobseekers allowance, i have received a letter asking him to pay £29.60 in rent and £9.11 in council tax, leaving just over £12 for him per week which means i get no money for his keep. This did not seem right to me so i rang council and they insisted that yes he had to pay these amounts. I went to CAB about this and the lady consulted a benefits handbook and said that as his jsa is income based he does not have to pay the council. I have emailed the council with what she told me quoting the appropriate chapters and page numbers of this handbook. It wil take up to 10 days to get a response from them so i thought id ask on here as to who is correct council or the CAB.

Please can any1 advise me on this?

AsknAnswer2

The CAB. There are no non dependent deductions to HB or CTB when the non dependent is in receipt of means tested benefit.

tomitma

This is because, he is now classed as a lodger, the council tax and housing benefit is for you, but as he has now reached the age where he has left school, he is an adult, someone has to pay that share.

calleyw

Are you sure they are asking him to pay it?

Do you mean they will be making a deduction of £29.60 in your hosuing benefit and £9.11 in your Council tax benefit.

Because you have non-depedent child. The child is then expected to make up the short fall from their own money. Be it benefits or wages.

Yours

Calley

bexmark_2

He is not a lodger; if he is your son and an adult, he will be classed as a non-dependent in the property. If he is in receipt of JSA(IB), then there should be no deduction. You will lose the single person discount, (25% reduction) on your council tax, but will be eligible for CTB on the full balance, so it should not make any difference.

Sarah69

Thanx but im finding this all so confusing!!

On the letter from the council it says its a change to my housing and council tax benefit. If my son was say living with my parents in a private mortgaged property he wouldnt have to pay rent or council tax. Council tax is banded in properties, its not on the amount of people that live in the house. Also my son is not mentioned on my tenancy agreement so surely doesnt have to pay rent. If it is the cass that he has to pay these bills then who pays me for his food, electricity,gas,water,clothes?

What if i threw my son out and the council housed him, he would need housing and council tax benefit he couldnt possibly live on 51 a week and pay rent and council tax as well!!!

Im sure when i was working part-time i never paid that much in rent either!

I thought jobseekers allowance was for him to be seeking a job or am i wrong? If he only has £12 a week left how is he ment to pay for phonecalls, stamps and bus fare to interviews?? When he goes to sign on and they ask him to produce evidence of him looking for work what will happen when he says i cant look for work because the council take all my money and what i have left i have to give my mum for living expenses???

dmg24

Have you actually notified the LA that your son is on IB JSA? AsknAnswer is correct, but you do need to tell them.

Sarah69

Yes ive notified them because i have to and ive no idea what the 1st reply even means!!

dmg24

Sarah69 wrote: »

Yes ive notified them because i have to and ive no idea what the 1st reply even means!!

What is it that you do not understand?

MissMoneypenny

Sarah69 wrote: »

If he only has £12 a week left how is he ment to pay for phonecalls, stamps and bus fare to interviews??

I think I read on here that the job centre has phones he can use. Perhaps someone can confirm that?

calleyw

Sarah69 wrote: »

Yes ive notified them because i have to and ive no idea what the 1st reply even means!!

What don't you understand?

You now have a child who you no longer claim any benefits for. But are claming in there own right.

They are now seen as a non-dependent for benefit purposes. Which means that Housing benefit and council tax benefit now are now deducting the amounts mentioned from your benefits.

YOU have to sort out the short fall with your son. Of find the money from else where. It is no different then if he had a job the same would happen.

The letter never said your son had to pay for it. It said they where deducting from your benefits because of the income (from benefits) your son is claiming. This is happening because you are means tested benefit.



Yours

Calley