Housing Benefit Claim Refused

salesman1979

Due to a change in circumstances I have had to apply for housing benefit but my local council have rejected my claim even though their own calculator says I am entitled to £140 per week. I have also checked my entitlement on entitledto and turn2us and they all say that I am entitled to housing benefit.

The council are saying it is because they only consider 2 children on new claims (I have 5) but I have entered the information on the various websites to calculate the claim as being as new claim to take into account the loss of the family element on new claims.

What can I do? I am awaiting a call back but I already know they are going to fob me off...

theartfullodger

Write (yes, WRITE! - keep copy) requesting a "mandatory reconsideration": See
https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwj_heSTzJfUAhXqIsAKHcvrDQQQFggjMAA&url=https%3A%2F%2Fwww.citizensadvice.org.uk%2FGlobal%2FMigrated_Documents%2Fadviceguide%2F09070300-ews-mandatory-reconsideration-request.doc&usg=AFQjCNHn2sK3gOmFTLh4_MZ1zWpmwi1oOQ&sig2=q4WWkXZgMWVDPkzQsZNZjQ&cad=rja
&
https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_revisions_and_appeals

salesman1979

Brilliant thanks.

On the breakdown of why I can't have it, they have put:
Child over 11 £69.90
Child under 11 x4 £69.90

When I asked how this had been calculated as £69.90 cannot be divided evenly amongst 4 children that was when they said about only accounting for 2 children on all new claims. They said it was due to a change in legislation but of course could not tell me which legislation this was nor could they quote the relevant section to me. The lady seemed quite flustered when I asked how she could be so sure that this was correct if she didnt know the basics herself. That was when she decided to escalate it and have an assessor call me within 48 hours to discuss.

pmlindyloo

I wonder if this will help:

Housing Benefit (from Entitledto)

From 6 April 2017 the child addition which forms part of the Housing Benefit calculation will be limited for some new births - if you already have 2 or more children you will not be entitled to a child addition for any subsequent children born on or after 6 April 2017 when calculating your Housing Benefit. Existing claimants can still receive a child addition for more than 2 children if the children were born before 6 April 2017. New claimants can still receive a child addition for more than 2 children if the children were born before 6 April 2017 and you have a Child Tax Credit (CTC) notice to show your local authority.

Hopefully when you get a call back you can clear this up.

teddysmum

It does look as though someone is mixing the OP's situation with legislation designed to stop the rewarding of people for having babies to earn benefits.

salesman1979

Thanks all. I'll be sure to run this by the assessor when he/she calls.

I'll put it all in writing too.

salesman1979

They have now called me back. They still say I am not entitled to anything and that they only have to take my first 2 children into account. This is despite all 3 online calculators (including their own) stating otherwise. I have even run the numbers on their own calculator and put in that I only have 2 kids, it says I am still entitled to housing benefit!!

Time to start drafting a letter. Could be a good time to hit up my MP this close to the election too!!

IAmWales

salesman1979 wrote: »

They have now called me back. They still say I am not entitled to anything and that they only have to take my first 2 children into account. This is despite all 3 online calculators (including their own) stating otherwise. I have even run the numbers on their own calculator and put in that I only have 2 kids, it says I am still entitled to housing benefit!!

Time to start drafting a letter. Could be a good time to hit up my MP this close to the election too!!

You don't have an MP at the moment, what you have are candidates that may or may not be willing (or able) to help.

Your notification should include a breakdown of the calculation. If you post that we can check if anything else stands out.

salesman1979

About your Circumstances Your ref no: XXXXXXXX
What is your status? Couple
What is your date of birth? Format dd/mm/yyyy XX/XX/XXXX
What is your partner's date of birth? XX/XX/XXXX
Do you receive any of the following benefits? None apply
What is your current living situation? I rent my home from a Private Landlord
What would you like a calculation for? A claim for Housing and Council Tax Reduction
Please make a note of your reference number, which is in the top right hand corner, in case you need it later


Children and Young Adults Your ref no: XXXXXXXX
How many children or young adults aged under 20 do you (or your partner) get child
benefit for?
5
Date of birth (dd/mm/yyyy) XX/XX/2005
Is the child registered blind? No
Does the child receive the mobility component of DLA None
Does the child receive the care component of DLA None
Does the child receive the mobility component of Personal Independence Payment None
Does the child receive the daily living component of Personal Independence Payment None
Do you pay money to a registered child minder for looking after this child? No

Date of birth (dd/mm/yyyy) XX/XX/2007
Is the child registered blind? No
Does the child receive the mobility component of DLA None
Does the child receive the care component of DLA None
Does the child receive the mobility component of Personal Independence Payment None
Does the child receive the daily living component of Personal Independence Payment None
Do you pay money to a registered child minder for looking after this child? No

Date of birth (dd/mm/yyyy) XX/XX/2008
Is the child registered blind? No
Does the child receive the mobility component of DLA None
Does the child receive the care component of DLA None
Does the child receive the mobility component of Personal Independence Payment None
Does the child receive the daily living component of Personal Independence Payment None
Do you pay money to a registered child minder for looking after this child? No

Date of birth (dd/mm/yyyy) XX/XX/2012
Is the child registered blind? No
Does the child receive the mobility component of DLA None
Does the child receive the care component of DLA None
Does the child receive the mobility component of Personal Independence Payment None
Does the child receive the daily living component of Personal Independence Payment None
Do you pay money to a registered child minder for looking after this child? No

Date of birth (dd/mm/yyyy) XX/XX/2013
Is the child registered blind? No
Does the child receive the mobility component of DLA None
Does the child receive the care component of DLA None
Does the child receive the mobility component of Personal Independence Payment None
Does the child receive the daily living component of Personal Independence Payment None
Do you pay money to a registered child minder for looking after this child? No

Other Adults living in your home
Please tell us the number of adults who live with you and your partner. (By this we
mean any adult over 18 who nobody gets child benefit for).
0



Benefits

Child Tax Credits
How much are they paid 186.57
How often are they paid this Weekly

Other Income and Expenses
Do you (or your partner) receive any rent from a sub-tenant or lodger who is not a
member of your household? No
Do you pay into a private pension? No
Do you receive a private pension or have you deferred (put off receiving) a private
pension? No
Does your partner pay into a private pension? No
Is your partner receiving a private pension or have they deferred (put off receiving) a
private pension? No
Do you or your partner have any money coming in (or expect to have money coming in)
that you have not already told us about on this form? No
Do you contribute towards a student loan or grant for the upkeep of a student? Yes No

Earnings
How many jobs do you (and your partner) have? 1
What is the name of the business / company XXXXXXXXX
Whose job is this? This is my job
How many hours per week are worked? 40.00
How much is paid before tax and national insurance is taken off? 2675.00
How often is that amount paid? Calendar Monthly
How much tax and national insurance is taken off? 809.89
How much is paid towards a pension scheme? 21.00
How often is this paid? Calendar Monthly
Is this classed as self-employment No

Capital and Savings
How much are your savings worth? 0.00
If you own shares how much are they worth? 0.00
If you own any land or property other than your own home, how much is it worth? 0.00

Rent and Council Tax and other money you pay out
Enter your weekly Local Housing Allowance (click help icon to go to LHA website) 230.14
How often do you pay rent? Calendar Monthly
How much is your rent? 1050.00
How many rent free weeks do you have in a year? 0
Are you a joint tenant? (with someone other than your partner) No
How much is your annual Council Tax bill before reductions? 1459.37
Has your Council Tax bill already been reduced? If so by how much? No
Are you jointly liable for the Council Tax? (with someone other than your partner) No

Thank you
Housing Benefit of £140.37 per week
Council Tax Reduction of £0.00 per week
The basic amount the government say you need to live on £449.35
The amount of income that you have after disregarded income and relevant deductions £587.46
Calculation Estimate
Based on the information you have provided, we have estimated that you may be entitled to, per week:
We have based these figures on the following, per week:
Disclaimer
Please note that this calculator should be used only as a guide to your potential benefits entitlement. There may be other factors which affect the final amount to which you are
entitled and therefore this is only an estimate of how much you may receive if you apply for Housing Benefit or Council Tax Support. This calculator covers most, but not all,
potential scenarios and as such there may be instances where, due to the complexity of the benefits system, this calculator cannot accurately assess potential entitlement.

salesman1979

I should add that my job consists of salary plus commission so I have averaged out my earnings to date (I started mid February).

Here are my earnings figures
Gross Net
Feb £850.00 £828.64
March £2136.67 £1839.51
April £4366.67 £2687.48
May £3166.67 £2104.79
Total £10700.01 £7460.42
Monthly Av £2675.00 £1865.11
Weekly Av £617.31 £430.41

teddysmum

Though MPs are otherwise engaged, at the moment, it may be worth speaking to your local councillor (they usually have surgeries advertised on the council website),as they probably have nothing to do with council benefit offices and could understand your explanation of what seems to be amiss.