Housing benefit problem.

Troutwrestler

Hi, after some advice please.

I have moved to a cheaper area, my rent on a 2 bed damp flat was £600 and I have found a 3 bed house for this in a cheaper area, all good so far.

I applied for HB on the basis I have one child who lives with me and my youngest stays with dad, I see her as often as I can but not overnight due to my worsening epilepsy. We agreed I would claim the child benefit and tax credits and split the money (my ex earns and I'm on benefits at the mo)

I put in my HB claim forms claiming for a 2 bed rate as I only have one child staying with me. If I claim for my other child I will be entitled to 3 bd rate.
The HB dept have said as I am in receipt of the benefits for my youngest I have to claim the housing benefit, but surely the fact she doesn't live with me overnight means I'm not eligible , I don't want to claim for something I'm not entitled too possibly leading to over payment.

They are adamant I have to claim?


Any help appreciated.

Thanks

nannytone_2

technically, as you claim the benefits for the child, you are seen as the 'parent with care', though i dont know the legal status.
if your council are advising you to claim for the 3 bed rate, then it looks like they view the situation in the same way.
how much is the KFA for a 2 bed and how much will the rent be on the 3 bed property?

Troutwrestler

2 bed rate is just short of £500 per month. 3 bed is around £70 more.
I just don't want to claim for a child that, at present doesn't stay overnight with me. It's all very confusing.

BurnleyBob

Was the advice you received in black and white? If not I'd play very safe by addressing a letter to the most senior relevant person at your local council in which you would describe your exact situation and concerns about the issue, as you have here, and ask him/her to reply at their earliest convenience.

Your scenario is likely not uncommon to them, but seek an unequivocal answer for peace of mind rather than fret about the possibility of one day being landed with an overpayment.

Housing_Benefit_Officer

The parent who received the child benefit is treated as having the children irrespective of the amount of time they may or may not stay with that parent. If you receive child benefit and tax credits for 2 children then you have 2 children for benefit purposes.

If you think this is wrong then let your ex claim the Child Benefit and Tax Credits for the other child.

paddedjohn

It will also depend on the age and gender of your children as to whether you get the 3 bed rate.

jacques_chirac

You can't claim Child Tax Credit if your child doesn't live with you at all - even if you're paying maintenance.

Have you advised HMRC you are claiming benefits for a child that does not live with you?

http://www.hmrc.gov.uk/taxcredits/start/who-qualifies/children/children-taxcredits.htm

FBaby

Are you sure you haven't been claiming CB and tax credits fraudulently in the first place? It reads that at least for tax credits, the child has to live with you and from what you say, it doesn't seem to be the case.

Troutwrestler

FBaby wrote: »

Are you sure you haven't been claiming CB and tax credits fraudulently in the first place? It reads that at least for tax credits, the child has to live with you and from what you say, it doesn't seem to be the case.

No, I most certainly am not. The tax credits are well aware of my situation and advised that I apply not my ex partner.

I have sorted my situation anyway, the HB dept are giving me 3 bed rate as my dd has only been with my ex for a few weeks until my new epilepsy meds start to work. Then she will be back with me, so the see it as temporary. I have requested this to be put in writing though so I know where I stand.

Thanks to those who helped

Poppie68

Im sorry something amiss here, you own your own home but are claiming HB for another property because your own home is being renovated, Just purchased a new range cooker, going/gone on holiday abroad for 3 weeks with both daughters. Wanting a 3rd bedroom for your daughters PS2 and Xbox!
Who said benefits does'nt pay!

barbarawright

According to this thread you owned your own house in July and were able to spend hundreds, if not thousands on your older daughter's birthday. What has happened since then?

https://forums.moneysavingexpert.com/discussion/4698511