Child Benefit Overpayment not my fault help please

angei010

Hi
my daughter has been doing an NVQ in hairdressing and when she started I rant child benefit line and told them everything that she was doing the NVQ an a hairdressers and going to college from there. They asked me what money she was getting and I told them NVQ allowance which was £85 per week. They told me that as long as she wasnt doing level 3 it was still classed as full time education and they paid me th CB. Then February last year I rang them just to double check again and nothing had changed but they stopped paying me. About 5 months ago I got a letter so I called them to finalise this as I had no money from them for over a year and now they say I owe them £780. I rang them and asked them to look at it again as it was their mistake and they have now said I can apeal.
is there a template please.
They say that as the £85 per week was paid through the employer and that there seems to have been a contract of employment they should not have paid me. Well she had contract to say that she had to complete the NVQ by a certain date. They are also saying that as the £85 per week was paid by the employer this is why the overpayment has occured. If the money was paid through a college that would have been ok.
Nothing on the website about contracts of employment or who pays the £85.
Is there a template or a rule I can appeal by.

thanks
Angela

Anubis_2

I think this may come under sandwich course:

Courses that don't count for Child Benefit
Sandwich courses
There are two types of sandwich course:
college-based - this is where your child spends periods away from college doing practical training with their employer
work-based - where your child is employed as an apprentice or trainee, and takes a full-time college or school course

You may be able to get Child Benefit if your child is on a college-based course but it would need to be full-time and non-advanced. You won't qualify if your child is on a work-based course.

What type of training counts for Child Benefit?
You can get Child Benefit if your child is over 16 and is doing a course of 'approved' training. Your child needs to have started, enrolled or been accepted onto an approved course before their 19th birthday.
Approved courses are as follows:
for England - Foundation Learning Programmes (previously known as 'Entry to Employment') and Programme-led Apprenticeships
for Wales - Skillbuild, Skillbuild+ and Foundation Modern Apprenticeships
for Scotland - Get Ready for Work and Skillseekers
for Northern Ireland - Programme Led Apprenticeships (Apprenticeships NI), Jobskills and Training for Success: Professional and Technical Training
A course provided by an employer as part of a job contract doesn't count as approved.

See here http://www.cpag.org.uk/cro/wrb/wrb191/child.htm#app

and here http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ChildBenefitandChildTrustFund/Childbenefits/KeepingyourChildBenefituptodate/ChildBenefitafter16/DG_173715

angei010

My issue is that I rang them on day one and asked them if I was entitled to child benefit and answered all their questions and they told me that I was. Then when I rang again in Feb last year to double check they stopped the payment.
As far as I am concerned it is their mistake.
is there a template or rule I can appeal under.

Anubis_2

I am not sure if there is a template rule, someone may be able to answer you. I know you rang them but also the information is readily available online and the booklet they give when they reassess your entitlement, so they may say that you are responsible for checking - I am only saying *may* though, and I am not saying what has happened to you is your fault.

Where they fully aware your child would be receiving £85 per week? As long as you have proof that you informed them of all the facts then it is worth appealing. Where you in receipt of any other child related benefits? Such as child tax credit etc? If so, it also may affect those payments too.

DX2

angei010 wrote: »

My issue is that I rang them on day one and asked them if I was entitled to child benefit and answered all their questions and they told me that I was. Then when I rang again in Feb last year to double check they stopped the payment.
As far as I am concerned it is their mistake.
is there a template or rule I can appeal under.

There are no templates, just appeal writing a letter with what you have stated here and take it from there.