Housing Benefit Child 16 now Complicated HELP!

JaneDoeJohnDoe

Hi,
Here's the situation - live in Social housing with 2 bedrooms. On Income support. Child was subject to a Shared Residence Court Order but mother got Child Benefit.
Council said that as mother got CB, I was not a 'main carer' & hence I had 1 bedroom tax worth of deduction from my Housing Benefit. I applied for the discretion Housing payment & got the "missing" rent paid as extra coz of exceptional circumstances. However, child now 16.
Therefore, could I tell the council that I'm entitled to full HB as child is now 16 & hence no longer classed under their rules as a child but as an adult & hence CAN have own room? I don't get the CB, so they can't say 'technically' the child is mine as CB is a "qualifying benefit" isn't it. That way whilst I'd lose the Council tax single person discount I'd gain full HB so effectively in net I'd still be positive & not negative when it comes to money. Rent saved being greater than Council Tax paid out. :j Anyone got any thoughts/knowledge please. Like to get info before I tackle the council!! Thanks

pmlindyloo

JaneDoeJohnDoe wrote: »

Hi,
Here's the situation - live in Social housing with 2 bedrooms. On Income support. Child was subject to a Shared Residence Court Order but mother got Child Benefit.
Council said that as mother got CB, I was not a 'main carer' & hence I had 1 bedroom tax worth of deduction from my Housing Benefit. I applied for the discretion Housing payment & got the "missing" rent paid as extra coz of exceptional circumstances. However, child now 16.
Therefore, could I tell the council that I'm entitled to full HB as child is now 16 & hence no longer classed under their rules as a child but as an adult & hence CAN have own room? I don't get the CB, so they can't say 'technically' the child is mine as CB is a "qualifying benefit" isn't it. That way whilst I'd lose the Council tax single person discount I'd gain full HB so effectively in net I'd still be positive & not negative when it comes to money. Rent saved being greater than Council Tax paid out. :j Anyone got any thoughts/knowledge please. Like to get info before I tackle the council!! Thanks

Will the young person being living with you permanently?

Is your ex claiming housing benefit?

Caz3121

Will the child still be in education/training and CB still payable or are they going into full time work?

Housing_Benefit_Officer

JaneDoeJohnDoe wrote: »

Hi,
Here's the situation - live in Social housing with 2 bedrooms. On Income support. Child was subject to a Shared Residence Court Order but mother got Child Benefit.
Council said that as mother got CB, I was not a 'main carer' & hence I had 1 bedroom tax worth of deduction from my Housing Benefit. I applied for the discretion Housing payment & got the "missing" rent paid as extra coz of exceptional circumstances. However, child now 16.
Therefore, could I tell the council that I'm entitled to full HB as child is now 16 & hence no longer classed under their rules as a child but as an adult & hence CAN have own room? I don't get the CB, so they can't say 'technically' the child is mine as CB is a "qualifying benefit" isn't it. That way whilst I'd lose the Council tax single person discount I'd gain full HB so effectively in net I'd still be positive & not negative when it comes to money. Rent saved being greater than Council Tax paid out. :j Anyone got any thoughts/knowledge please. Like to get info before I tackle the council!! Thanks

It doesn't work like that. A child under or over 16 would have their own room for benefit purposes. However the child is classed as residing with their mother - not you - you will still have your Housing Benefit cut unless you receive the Child Benefit and Child Tax Credit.

So unless the Child Mother agrees you can claim Child Benefit and Child Tax Credit for the child you will still get a deduction irrespective of the age of the child.

JaneDoeJohnDoe

Housing_Benefit_Officer wrote: »

It doesn't work like that. A child under or over 16 would have their own room for benefit purposes. However the child is classed as residing with their mother - not you - you will still have your Housing Benefit cut unless you receive the Child Benefit and Child Tax Credit.

So unless the Child Mother agrees you can claim Child Benefit and Child Tax Credit for the child you will still get a deduction irrespective of the age of the child.

I do get the Child Tax Credit, but not CB. Child is leaving school June after GCSE's & then will be starting college in Sep. There's no way I'd get CB from mother - tried that before. :mad:

Child lives sort of 50-50 each parent.
Mother doesn't claim HB.

bloolagoon

If you get £65 a week in CTC for part time / shared care then how can you not pay the room subsidy?

JaneDoeJohnDoe

bloolagoon wrote: »

If you get £65 a week in CTC for part time / shared care then how can you not pay the room subsidy?

I get Income Support, but as I do not get CB (hence no "official" child ), the CTC is counted as an income & I lose the equivalent amount of IS!

fabforty

JaneDoeJohnDoe wrote: »

I do get the Child Tax Credit, but not CB. Child is leaving school June after GCSE's & then will be starting college in Sep. There's no way I'd get CB from mother - tried that before. :mad:

Child lives sort of 50-50 each parent.
Mother doesn't claim HB.

You are already getting the larger portion of th child related benefits - £62 CTC compared to £20.30 CB. With 50-50 care, keeping the CB seems reasonable.
Did you mean to say JSA not IS? I thought IS was only when the child is under 5.

JaneDoeJohnDoe

fabforty wrote: »

You are already getting the larger portion of th child related benefits - £62 CTC compared to £20.30 CB. With 50-50 care, keeping the CB seems reasonable.
Did you mean to say JSA not IS? I thought IS was only when the child is under 5.

Ah, but as I said before the IS is deducted by the amount of CTC, so I don't actually get to see any of the "child related benefit" in terms of £. CB is the "Holy Grail" as it is a "passport" benefit that gets you the Jackpot in terms of the child actually counting as a child for benefit purposes. Even though a Shared Residence Order (that defines where a child shall live) granted in court, the DWP & all that sail with them ONLY count the CB as proof!
Is IS not JSA as through old disability claim. (Not yet migrated ESA)

pmlindyloo

All you can do is ask for another Discretionary Housing Payment/downsize to a one bed and use a sofa bed for visits/ask your ex again if she will transfer the CB into your name.

Perhaps a compromise could be made in that if you received the CB you could give her the equivalent in child support.

Poppie68

If you are in receipt of Income Support (IS) and also claim CTC there is no deduction and you should recieve full IS and CTC. Do you claim Incapacity Benefit (IB) with a IS top up and then have a deduction for CTC?