Housing benifit and failure to report change of circumstances

Rop

My mother has my brother and sister living with her as non-dependants. In the year 2009/2010 both were in full-time education, but it was only reported to the housing in early 2011 when it asked for their income that period, as they perceived as no change of a circumstance (he was on JSA before and she was in full-time education, so they saw both situations like the same as no non-dependants deducations are not paid in both circumstances).

Anyway, the council wants says it's taking non-dependent deductions for the given period. Apparently, they have written a letter back in 2011 when they have received the new information in which they stated that, as it has been more than month since they would have to take deductions for the given period, but that letter was not replied to. Now they have sent letters saying they want the money back or they will issue a notice to quit.

Is there a way around this? What's the legal status of this situation? Would an appeal be successful?

Dunroamin

How old were they and in what levelof education?

epitome

Just a word of advice, I don't know the answer to your question and even if I understood it I still wouldn't know....

But the way it is written does not make a lot of sense, you might want to re-write it so people can understand it better.

DeeDee74

arent they classed as dependent as long as there in full time education? there her children? how old are thay.

Tiggy_Wiggy

epitome wrote: »

Just a word of advice, I don't know the answer to your question and even if I understood it I still wouldn't know....

But the way it is written does not make a lot of sense, you might want to re-write it so people can understand it better.

My thoughts exactly!

Rop

Sorry, I was bit sleepy when I wrote that. Let me clarify. She was 19 at the time and he was 21. They were both students and no deductions are made on students provided that they are not working (correct me if I'm wrong here). However, the housing is saying, as they were not informed that they are students, deductions has to be paid for that period, which is around the whole academic year. I hope that was clear.

fluffymovie

If they're saying benefit has been overpaid as they previously awarded full benefit which they have now changed, there have to consider underlying entitlement which is the benefit that should've been paid. In this case, there would not be a deduction and so the benefit overpayment would be clear.

there is a misunderstanding in some hb offices, that if a customer notifies a beneficial change late, underlying entitlement can't be considered but they're not right!!