Son is classed as a non dependent

farquarpigmix

My son finished colledge last year, didn't sign on the JSA because he wanted to find a job not sponge of the state. Finally in january this year after not finding work he signed on. In march this year filled in forms for council tax & received a letter signing you owe us £375.00 because of your son being a non dependent.

WE informed the council he hadn't claimed a penny so had to show them his bank account details. Yes they were happy he hadn't worked but still work the above amount. I replied by saying he may be classed as a non dependent but he has livid under my roof, been fed etc. Child benefit for him has been stopped but the council tax goes up.

I appealed to go to a tribual but they have replied saying,
"The respondent claims that the appeal should not be admitted because it does not identify the grounds which the appellant relies" I have 14 days to reply with a reason to see whether the appeal should be allowed to proceed. I did see the CAB for advice but because i wasn't entitled to legal help they couldn't help me. I don't know where to turn for help? Can anyone offer any advice. We don't have a welfare advice thats been closed.

swingaloo

I dont really understand why you think your son should be classed as a dependant. He had the option to sign on and didnt. You cant expect to claim council tax benefit and choose to disregard another adult living in the house just because he dosnt want to sign on. Saying you dont want to sponge of the state is admirable- if you can afford not to.

My son lives with me and is on jobseekers. He is not a child and therefore not a dependant. We still have to pay full council tax.

viktory

I am also perplexed as to why you thought your adult son would be classed as dependent.

Oldernotwiser

I'm with the other two, I can't see why you thought that your son was dependent on you when he's obviously over the age of 18. He should've signed on and contributed to the household from his JSA.

seven-day-weekend

Have to agree I'm afraid. He should be helping out with household bills. It was his choice not to have any sort of income so that he was unable to.

peainapod

Why didn't he sign on ? He should have been contributing after he left college, he could have signed on and been looking for work the same time and you wouldn't have this problem now. Sorry but I really don't think you'll have a leg to stand on if you try and appeal this. Not having a go just stating the facts. Hope you get it sorted one way or the other

Transformer

Encourage him to get a job to cut down you stress and help with your bills, thats what any parent has to tell their kids who has finished college and in mean time sign on and give you the money.

Some parents forget the kids are adults now at that age.

Kimitatsu

The stance that the council will take is that he is entitled to the benefits and so should have claimed for it - his neglect to claim for the benefit does not relieve him of the liability whatever his motives.

Sorry but the amount to pay will stand and cannot be appealed against.

Arg

I assume that if they still refused to pay, it would go infront of a magistrate at some stage and then it might be taken into consideration.

See if you or your son can get speak to a lawyer which would be much better than the majority of unhelpful posts here.

nannytone_2

so pay a lawyer to tell the OP that the onus is on them to claim the benefits they are entitled to?

the son didn't sign on for JSA, so the council will assume that he has an income from elsewhere. the fact that the OP has now realised that this has given an overpayment of benefit, is irrelevant.

ignorance has never been a valid reason for appeal.

GlasweJen

How is it unhelpful to point out that an 18 year old isn't classed as a dependant child? Even a severely disabled 18 year old staying at home would be classed as an adult and claim benefits in their own right though the parent of severely mentally impaired 18 year olds may look after this money and administer the account for the disabled person.