Housing Benefit cut- is this right??

sofababe

My daughter and granddaughter live with me and the council have just decided after almost 2 years that we are not entitled to housing benefit, and never were, saying we now owe £900 :eek:

I have spoken to three different people at the council and they all say that is right. They are saying that even though my granddaughter lives with us no one is actually entitled to add her to the claim.

If DD lived in her own place with my GD she would have GD taken into account in her benefits claim but as she lives with me the council are behaving as if GD doesn't exist.

I've looked at entitledto.co.uk and if I lived with DD rather than she living with me we would qualify. How can that be right??? The household is the same size, the income is the same but the outcome is completely different.

Anyone??

dippy3103

Because it's your rent liability assessed on your income wort your daughter as a non dependant, your granddaughter being your daughters dependant.
Is the £900 as a result of your daughter being added as a non dependant?

sofababe

See, this is where I get confused.

As soon as my daughter moved in we sent her wage slips in, they took forever to make a decision, but eventually gave us £20-something a week. Then in April 2013 DD got a little payrise, so it went down to £14 a week. Now they are saying she earns too much to qualify, and they want it all back from April 2013 to now. As far as we are concerned nothing has changed since last time an award was issued. I asked about my GD as I thought maybe they weren't including her and they say they never have.

I accept that if DD earned too much we aren't entitled but I don't understand how they have come up with the decision. Looking at the last award notice they have her wages as £35 a week less than this new one. If they worked it out wrong last time it's not really fair that I have to pay it all back. It's not our fault if they can't read, or count!!

My original question still stands though. If DD and GD had a place and I moved in with them, they'd still be entitled to some HB, but not when it's the other way around. That is crazy.

pmlindyloo

sofababe wrote: »

See, this is where I get confused.

As soon as my daughter moved in we sent her wage slips in, they took forever to make a decision, but eventually gave us £20-something a week. Then in April 2013 DD got a little payrise, so it went down to £14 a week. Now they are saying she earns too much to qualify, and they want it all back from April 2013 to now. As far as we are concerned nothing has changed since last time an award was issued. I asked about my GD as I thought maybe they weren't including her and they say they never have.

I accept that if DD earned too much we aren't entitled but I don't understand how they have come up with the decision. Looking at the last award notice they have her wages as £35 a week less than this new one. If they worked it out wrong last time it's not really fair that I have to pay it all back. It's not our fault if they can't read, or count!!

My original question still stands though. If DD and GD had a place and I moved in with them, they'd still be entitled to some HB, but not when it's the other way around. That is crazy.

When you took in your daughter's wage slips (both times) did they photocopy them and give you a receipt (they should have done). Have you still got them?

This is your evidence that you gave them the correct information.

Alongside this are the award notices. Did you check them? Were they correct? If they were wrong did you tell them? I believe there is a bit that says on your award notice - please check and let us know if any information is incorrect?

So, you could appeal the overpayment. Then it will be up to a decision maker to decide.

nannytone_2

if you lived with your daughter... she would have the rent liability.
but your daughter lives with you and so you have the rent liability.
your grandaughter is NOT YOUR dependant. she is your daughters fependant.
and as your daughter is not making a claim for HB ( you are making the claim and not her) HER dependant will not be taken into consideration.

Housing_Benefit_Officer

You are the tenant. You are the one who claims Housing Benefit.

Your daughter and granddaughter are non dependents in your household.

This means you qualify for the 3 bedroom LHA rate instead of the 1 bedroom LHA rate.

Depending on your daughters gross wages (wages before deductions) then a non dep deduction is taken from any benefit entitlement you may have.

I assume you have regularly updated the Housing Benefit Department of all fluctuations in both your and your daughters income?

lemontart

I was told if 25 yrs of age loose it - as lost my smi entitlment when my daughter turned 25 - but they did not tell me this at time.

dippy3103

pmlindyloo wrote: »

When you took in your daughter's wage slips (both times) did they photocopy them and give you a receipt (they should have done). Have you still got them?

This is your evidence that you gave them the correct information.

Alongside this are the award notices. Did you check them? Were they correct? If they were wrong did you tell them? I believe there is a bit that says on your award notice - please check and let us know if any information is incorrect?

So, you could appeal the overpayment. Then it will be up to a decision maker to decide.

Very sound advice there!!!

First step is to establish why the overpayment & who was at "fault"