Housing Benefit Child 16 now Complicated HELP!

JaneDoeJohnDoe

Poppie68 wrote: »

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?

I get IS with disability premium. Told that as not got CB, CTC is counted as income as need CB to "prove" I have a child! This was queried a the relevant benefit regulations quoted at me. Whilst, I appreciate that downsizing is an option (sofa bed etc), the home I have here (& has been for the last 8 yr or so) is "A family home" & basically depriving my daughter of her own room now she's a teenager is the very last resort.

Housing_Benefit_Officer

I will be helpful.

Up and down the Country Local Authority are losing Bedroom Tax appeals to Fathers in similar situations as you.

Here is a link:-

http://speye.wordpress.com/2014/02/18/the-bedroom-tax-violates-a-parent-and-childs-right-to-a-family-life-what-an-appeal-win/

Contact Joe and see if he can help you with an appeal - the post I link to has Page 1 and 2 of the judgement.

No idea if you will be successful but it is worth a go.

Housing_Benefit_Officer

I should add all Housing Benefit Departments will refuse your reconsideration or appeal as there is nothing in current legislation to allow you the extra bedroom. It will be up to the First Tier Tribunal to overturn any such decision.

JaneDoeJohnDoe

Council were happy to give me a DHP :j Cheers folks!:T

Housing_Benefit_Officer

JaneDoeJohnDoe wrote: »

Council were happy to give me a DHP :j Cheers folks!:T

Still appeal and that way if you win your appeal your benefit will increase.

dippy3103

JaneDoeJohnDoe wrote: »

Council were happy to give me a DHP :j Cheers folks!:T

HBO is right, appeal. DHP is meant to be a temporary helping hand which you could lose at anytime.

neverdespairgirl

Housing_Benefit_Officer wrote: »

I will be helpful.

Up and down the Country Local Authority are losing Bedroom Tax appeals to Fathers in similar situations as you.

Here is a link:-

http://speye.wordpress.com/2014/02/18/the-bedroom-tax-violates-a-parent-and-childs-right-to-a-family-life-what-an-appeal-win/

Contact Joe and see if he can help you with an appeal - the post I link to has Page 1 and 2 of the judgement.

No idea if you will be successful but it is worth a go.

Certainly interesting, but as it is FIrst Tier, not a precedent and not binding or even particularly persuasive, in legal terms.

It's an issue which will certainly go to the Upper Tribunal and probably higher, and then there will be a definite answer on the issue.

FWIW, it's a weak Article 8 argument - because it is one which makes the state take positive and expensive action to secure family life, rather than refrain from interfering in it.

fluffymovie

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

Just to add that if the child is 16, you would not lose your single person discount as that would not be the case until they are 18.

They would be considered a young person between 16-19 in the regs and not an adult as such.

JaneDoeJohnDoe

dippy3103 wrote: »

HBO is right, appeal. DHP is meant to be a temporary helping hand which you could lose at anytime.

Got it until next yr. Will consider any action then as too much going on in my life to concentrate on an appeal at mo.

ArtoDeeto

JaneDoeJohnDoe wrote: »

Hi,
live in Social housing with 2 bedrooms. On Income support. Child was subject to a Shared Residence Court Order but mother got Child Benefit.

Any reason your life is too complicated to go out and get a job???