Housing Benefit Cut because my child has joined the navy

tiffanybenson

My son joined the Royal Navy last week. As I am on Housing Benefit (as a private tenant) I made an appointment with the advisers to make sure that they didn't make an over payment. I have now had my HB suspended as they want my sons wage slips to take into account on my claim, in spite of the fact that he now does not live at home. I would not and could not charge my son board and lodgings if he is not here. HOW CAN THIS BE RIGHT????

They also told me at the council offices that I should expect to lose 57 pounds per week from my rent rebate. So...My son joins the Royal Navy to serve Queen and country and it looks like I shall be made homeless as I can not pay my rent at the moment. If anybody could direct me to current legislation for this circumstance I shall be most appreciative as I am sure that this MUST be wrong.

cattermole

It's Local Housing Allowance then not Housing Benefit.

Can you tell us the number of bedrooms you have and if there are any other people living in the property ? And if you are under or over 35. Sorry it sounds a bit personal but it helps if we know all the information.

cattermole

(Text removed by MSE Forum Team)

For starters there are exceptions for Forces Personnel in the HB and LHA rules that were bought in last April.

airliner

Whilst he is 'on operations' (open to interpretation) a non dependent deduction will not apply to your Local Housing Allowance.

When he returns from operations a non dependent deduction will be applied and your Local Housing Allowance will be reduced by an amount that is appropriate in line with what your son earns.

cattermole

airliner wrote: »

Whilst he is 'on operations' (open to interpretation) a non dependent deduction will not apply to your Local Housing Allowance.

When he returns from operations a non dependent deduction will be applied and your Local Housing Allowance will be reduced by an amount that is appropriate in line with what your son earns.

Thank you airliner I was unsure of how the new rule worked. So basically in lay terms, he would be expected under the rules to pay towards his keep etc. when he is at home but when away she would receive the the bedroom rate as if he was there but not receive a deduction for his income?

NYM

http://www.legislation.gov.uk/uksi/2013/665/pdfs/uksiem_20130665_en.pdf

.....Adult children who are in the Armed Forces (including the Reserve Forces) but who continue to live with parents will be treated as continuing to live at home, even when deployed on operations. This means that they will continue to be treated as occupying the room if they intend to return home. In addition, Housing Benefit recipients will not be subject to a non-dependent deduction, i.e. the amount that those who are working are expected to contribute to the household expenses, until the adult child returns home...

paddedjohn

Just pointing out to the OP that she isn't getting deductions due to her son joining the forces, its because he has got a job. If anything she will be getting preferential treatment because her son is in the forces.

cattermole

paddedjohn wrote: »

Just pointing out to the OP that she isn't getting deductions due to her son joining the forces, its because he has got a job. If anything she will be getting preferential treatment because her son is in the forces.

You made no reference to the Forces and the special rules in your post so she was completely unaware of them at that point. And it could well be that the figure she was quoted did not take account of it and was WRONG.

Thankfully the original question has now been answered.

tomtom256

Erm but he lives on base whilst he is in the military, or on a ship or submarine. They will deduct rent and a payment towards council tax at source from his wages.

And if he has joined the navy he is hardly a child anymore, maybe adult child or non dep child would be better.

I know the rules changed for members of the armed forces, but he cannot live in two places at once.

BillJones

cattermole wrote: »

paddlejohn that post is a way out of order and judgemental.

I don't think that that word means what you think it means.

Cate1976

Tiffany, I can understand your concerns about being able to afford your rent.

Your council have suspended your LHA due to your son getting a job to avoid an overpayment. What you need to now is show them documentation that he has joined the Navy. My interpretation of the rules is that your LHA will be reinstated based on the same number of bedrooms as before & the non dependent deduction won't be applied until he comes home on leave.

Your council also want 2 months payslips but if you can get something with his annual salary on it, the council maybe able to work off that.

Another thing you can do is to take something with you showing all your income without LHA and your outgoings listed in the following order.
Rent, Council Tax, money for electric/gas if on pre pay meters, travel costs, food.

Also go on https://www.turn2us.org and go through the benefits calculater. It's been accurate enough for me to within a few pounds (Tax Credits was slightly out but amount was only £2-£3).

There is a housing benefit officer who posts on this forum and they'll probably reply.

Hope you get the situation resolved soon.