HB/CTB and WTC

CKhalvashi

I'm clueless as to EHDC's decision on this one, so I'm hoping that someone can dissect this for me. I've spoken to another Housing Cllr, who is also clueless, and I'm supposed to be the benefits specialist (!)

I've had a HB/CTB claim for one of my ex-homeless for about 6 weeks, and this is now at the stage where they eat and get evicted, or pay rent.

EHDC have refused to go ahead with claim, as SE, on low income (virtually nothing over WTC and DLA at the moment as they're just starting to get back on their feet), and used the 'lack of SE experience' on this one, but with no advice as to why or how.

On the other end of the argument, the other Cllr has stated that person is to stop SE immediately and move onto JSA to push claim through.

My main concern here is that we have a young person who have already spent the last 18 months homeless, just got into accommodation and is being forced to the bottom of the pile as the council are refusing to budge from their original decision and the two Cllrs in question, both of whom have benefits experience are coming back with different solutions.

We are in a high cost area - Rent is £130/wk and CT is £140/mth for a 1 bed property. Figures are below!

Any ideas, as I'm stuck, and on the verge of going to the MP to get this sorted!

CK

DLA: £49.30 + Motability car
WTC: £106.40/wk (£3000-ish profit for year 1 expected, with Severe Disablement allowance, 20h/wk)
Income from SE: £0 at present, as work is commission based

Rent: £132.40/wk (off the top of my head)
CT: £140-ish/month
+ food, etc

enabledebra

I’m a bit confused by this post.

1-Councillors don’t make HB decisions these days unless theyare also employed as HB DM’s? Are you asking them to try to step in tochange a DM’s decision? If so I wouldn’t bother .

2- What is the problem with low self- employed income? TheDM can’t just ignore reported income if they ‘think’ it’s too low- the test isit the actual income whether from SE or otherwise. Claims are often decided ona ‘nil- income’ basis if the claimant has no income at all and the evidence supportsthat this is the case. With SE income the DM will usually go with the incomeused for NI contribution purposes and unless there is a good reason to doubtthe HMRC records I don’t see how they can do otherwise?

3- The council can’t just refuse to make a decision- theymust either process the claim and say that the claimant doesn’t qualify forwhatever reason (and the claimant can appeal); or they can refuse to process itif they can say that there isn’t a valid claim due to failure to provide evidenceof income (or whatever) as requested- Idon’t see that this is an option in this case.

If they are saying that it’s too early in the self employment to know what income is thefollowing taken from the HB guidance manual should help :

There may be some cases, for example when a business has justbeen set up, when it may be more appropriate to make an assumption in the shortterm as to the likely future level of earnings. This avoids causing hardship tothe claimant by denying benefit solely on the grounds of uncertainty.

http://www.dwp.gov.uk/docs/hbgm-bw2-assessment-of-income.pdf W2.331

CKhalvashi

enabledebra wrote: »

I’m a bit confused by this post.

1-Councillors don’t make HB decisions these days unless theyare also employed as HB DM’s? Are you asking them to try to step in tochange a DM’s decision? If so I wouldn’t bother .

2- What is the problem with low self- employed income? TheDM can’t just ignore reported income if they ‘think’ it’s too low- the test isit the actual income whether from SE or otherwise. Claims are often decided ona ‘nil- income’ basis if the claimant has no income at all and the evidence supportsthat this is the case. With SE income the DM will usually go with the incomeused for NI contribution purposes and unless there is a good reason to doubtthe HMRC records I don’t see how they can do otherwise?

3- The council can’t just refuse to make a decision- theymust either process the claim and say that the claimant doesn’t qualify forwhatever reason (and the claimant can appeal); or they can refuse to process itif they can say that there isn’t a valid claim due to failure to provide evidenceof income (or whatever) as requested- Idon’t see that this is an option in this case.

If they are saying that it’s too early in the self employment to know what income is thefollowing taken from the HB guidance manual should help :

There may be some cases, for example when a business has justbeen set up, when it may be more appropriate to make an assumption in the shortterm as to the likely future level of earnings. This avoids causing hardship tothe claimant by denying benefit solely on the grounds of uncertainty.

http://www.dwp.gov.uk/docs/hbgm-bw2-assessment-of-income.pdf W2.331

I stepped in about 6 months ago, as Housing is my specialist area. My JD comes into taking YP down to council offices, making claim and supporting during and after the housing period.

The work that X is doing has only started since accommodation came into play. It's a brand new company, and therefore, whilst assumptions do need to be made in some circumstances, what is clear is that there is no money at present. The 'nil additional income' is the decision that should have been made until otherwise is the case.

I'll pop in on Tuesday afternoon and see where the case is at. It's been appealed once, so lets move on with it to get the problem sorted.

CK