Housing Benefit/Childcare Disregard

shell1965

My daughter is single parent and works 16.5 hrs a week. She resumed work after her Maternity leave ended, that was in July 2013, she put her little boy in a registered nursery for 18 hrs a week at that time, informed tax credits who sorted out her childcare amount from them.
She noticed that after that amount was added, HB decreased the amount of help they had been giving her towards her rent, it seemed like they were classing it as income.

We went on online calculators at what she should be receiving, two said different amounts, she rang HB to ask them to check that they'd calculated her finances right as HB had dropped by around £40 weekly, they said it was correct and that was that, she's struggled on since.

Yesterday she was talking to a member of nursery staff who is a friend now and recently had a child, they were talking finances, her friend said I'm sure they should disregard your childcare payment from tax credits, it sounds like it's always been classed as earnings, she told her to speak to them about disregards, does anyone know if this is correct? If it is, is it likely she'll get any backdated payment? Thanks.

Housing_Benefit_Officer

shell1965 wrote: »

My daughter is single parent and works 16.5 hrs a week. She resumed work after her Maternity leave ended, that was in July 2013, she put her little boy in a registered nursery for 18 hrs a week at that time, informed tax credits who sorted out her childcare amount from them.
She noticed that after that amount was added, HB decreased the amount of help they had been giving her towards her rent, it seemed like they were classing it as income.

We went on online calculators at what she should be receiving, two said different amounts, she rang HB to ask them to check that they'd calculated her finances right as HB had dropped by around £40 weekly, they said it was correct and that was that, she's struggled on since.

Yesterday she was talking to a member of nursery staff who is a friend now and recently had a child, they were talking finances, her friend said I'm sure they should disregard your childcare payment from tax credits, it sounds like it's always been classed as earnings, she told her to speak to them about disregards, does anyone know if this is correct? If it is, is it likely she'll get any backdated payment? Thanks.

Has she bothered to let Housing Benefits know that she is paying child care costs? If she hasn't sent in receipts and the date she started paying how would they know to deduct child care costs from her income?

Any change in financial or household income needs to be declared within one month otherwise it will only be taken from the date she provided proof.

shell1965

All she has done is contact them each time her claim has changed, which was when her tax credit increased and again recently when it decreased because her boy became eligible for the free 15 hrs childcare, what I can't understand is, when HB have sent her, a few new notifications about change of circumstances, nowhere has it been asked to bring in childcare invoices, when her money first increased, tax credits notified through system to system the increase & it will have shown childcare payment & child tax & working tax.

They have also had lots of wage slips showing her earnings & her P45 because of recent job change & it shows she only works 16.5 hrs.
She hasn't been asked to bring in any invoices for childcare costs.

In the event she should've done I'd like to know how she was reasonably expected to have known she had to? Nowhere that we can see did she have any information given or sent to her that states if your child starts to receive childcare you must take invoices to your local council, just like they don't need any other bills providing? She has notified them of every increase and decrease in money received but as I said in the first post she was only told in passing that she should ask about this disregard, two days ago, how could she have known about it & the reason she didn't is because she wasn't aware & so because of not being aware didn't question if there was anything else she should be getting help with as Housing Benefit said with her incomings the figures they gave her were correct?

nannytone_2

yes, the tax credit system would have told the council system the total amount of tax credits.
but it doesn't give detail and say what the payment covers.
it ow;dot say
xxx child tax credit
xxx working tax credit
xxx childcare element of working tax credit.

it just gives the total.
it is up to your daughter to tell the council about her childcare

shell1965

I was told today by the nursery staff that another parent took there invoices and the council said it does show on their system as childcare element?
She wouldn't have checked council websites as when her new HB came through & her rent help had decreased she rang them to ask if it was correct for it to have been reduced & was told yes if that's the figures we have for you then that's what it would have been worked out at. Once told that and no-one mentioning anyone has to take a bill into council she couldn't possibly of been aware to even think "I wonder if I should be giving them something extra" She absolutely did not know they needed to see invoices, she thought, change in income I've notified them.

Housing_Benefit_Officer

shell1965 wrote: »

I was told today by the nursery staff that another parent took there invoices and the council said it does show on their system as childcare element?
She wouldn't have checked council websites as when her new HB came through & her rent help had decreased she rang them to ask if it was correct for it to have been reduced & was told yes if that's the figures we have for you then that's what it would have been worked out at. Once told that and no-one mentioning anyone has to take a bill into council she couldn't possibly of been aware to even think "I wonder if I should be giving them something extra" She absolutely did not know they needed to see invoices, she thought, change in income I've notified them.

Sadly telepathy isn't a skill possessed by Housing Benefit staff. We have no idea as to why Tax credits have increased or decreased. It is up to the claimant to bother to provide documentary evidence of any changes in household or financial circumstances. The Council benefit notifications should have a list of changes that should be notified.

shell1965

She notified them that her tax credits were more but that they had reduced her housing benefit & asked them why, they said because she was receiving more tax credit?

She also isn't telepathic & wouldn't have known there were any other questions to ask them as no-one explained that if & when you start to receive childcare costs you would need to ask the housing benefit to exclude the income?

shell1965

Financial change, notify them yes, I agree & she did that but they don't ask for household bill information so why would you assume they need your nursery charges when she had no idea she could've had a disregard?

nannytone_2

unfortunately, the onus is on the benefit claimant to find out the rules and regulations concerning the benefits they receive ( most provide all the necessary information, but too many people don't bother to thoroughly read the information they are sent)
ignorance is never a good enough reason to dispute the amount of benefit received

Housing_Benefit_Officer

shell1965 wrote: »

Financial change, notify them yes, I agree & she did that but they don't ask for household bill information so why would you assume they need your nursery charges when she had no idea she could've had a disregard?

The big clue would be the question on the Housing Benefit forms that asks - Do you pay childcare costs - Yes or No.

shell1965

And she has always said yes to do you pay childcare costs? We have gone through all paperwork nowhere does it state to take in receipts from childcare.