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Self Employed and Housing Benefit help!

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  • nannytone_2
    nannytone_2 Posts: 12,993 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    its a hard way to learn that you have to check ALL the information on an award letter.

    you need to contact the council and ask them how they got the figures they used.
    it seems that you accept that you have an overpayment, but are unsure of the amount?
    you are likely to receive an letter saying that council tax benefit has also been overpaid.
    try not to stress about it, and make an appointment with CAB as they will be able to help you sort it out
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    kate_a_p wrote: »
    YNone of their figures match what he actually earned, even week by week.

    I suggest you write them asking for specific weeks how the numbers were arrived at, and reasons why you believe the number given was incorrect.

    If they are calculating on some flawed basis, they need to re-do the numbers correctly.
  • rogerblack wrote: »
    I suggest you write them asking for specific weeks how the numbers were arrived at, and reasons why you believe the number given was incorrect.

    If they are calculating on some flawed basis, they need to re-do the numbers correctly.

    Yes, I think we will have to, ugh! I hate going through all this. I understand why they have so many rules in place, and there are some that abuse the system, I get that - but when you're a genuine case, thats trying super hard to pull you and your family through a difficult time, surviving on very little its really tough! We could bite the bullet and say screw it all, claim sickness benefit and hubby could claim carers allowance etc etc, but I think it is important to show an example to our kids, that working, and working at something you passionately love is possible. Fingers crossed for a bit more luck working from home for me, and a few more guitar students for my husband and we'll be sorted, it just takes a bit of time to build! Thanks though everyone, this site is ace!
  • dktreesea
    dktreesea Posts: 5,736 Forumite
    edited 24 September 2015 at 10:09PM
    Your starting point should be your husband's self assessment notice for the latest 2014/15 year. If he is self employed and if your income is unlikely to change much this year, then this should be the basis for the housing benefit award.


    And DON'T believe everything housing benefit officers have to say on the matter. Check for yourself the Housing Act;
    http://www.legislation.gov.uk/uksi/2006/213/pdfs/uksi_20060213_280215_en.pdf
    I note the following:


    Average weekly earnings of self-employed earners

    30.—(1) Where a claimant’s income consists of earnings from employment as a
    self-employed earner his average weekly earnings shall be estimated by reference to
    his earnings from that employment over such period as is appropriate in order that his
    average weekly earnings may be estimated accurately but the length of the period
    shall not in any case exceed a year.

    So for this year the council should base your award on his net earnings, including employed income, for last year.
  • You will need to address this in detail I am afraid. You may wish to put in aprotective appeal against the most recent decision notice then go through their calculations week by week. In the meantime have you considered claiming pip for yourself. You can find a list of descriptors online or ask your cab and see if you might qualify? Good luck, it will need some detailed work I am afraid
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    kate_a_p wrote: »
    We have 2 children under 10 and I've been ill for some time, struggled to get a diagnosis until a few weeks ago, and have spent much of the last few years on hefty pain killers and feeling pretty poorly! Previously I was a journalist and worked for a large and well known broadcaster. So, currently am not working or claiming anything (PIP or DLA or anything like that)

    Have you considered claiming PIP - if not - why not?
    Are you able to do self-care tasks (washing yourself, eating, cooking, ...) reliably, to an acceptable standard, within twice the time of a non-disabled person and safely?

    Similarly - are you able to go out as and when needed without making any special preparation to the above standard?

    If not - you may be entitled to some level of PIP.
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