Housing Benefit Claim Refused

Housing_Benefit_Officer

This should explain the rules for you:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606547/a5-2017.pdf

They have correctly applied the default rules.

WillowCat

Housing_Benefit_Officer wrote: »

This should explain the rules for you:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606547/a5-2017.pdf

They have correctly applied the default rules.

My reading of the document you have linked to indicates that they have not correctly applied the default rule:

"The “default” rule
8. As stated in paragraph 6 above, the default rule is that for HB entitlements
arising on or after 6 April 2017, the number of personal allowances in respect of
children/young people that can be included in the HB applicable amount is
restricted to 2, unless they have a CTC Award Notice which specifies more than
2 children have been included in the CTC decision."

I think it's reasonable to assume from what she has written that the OP does have a CTC award for all her children.

Housing_Benefit_Officer

WillowCat wrote: »

My reading of the document you have linked to indicates that they have not correctly applied the default rule:

"The “default” rule
8. As stated in paragraph 6 above, the default rule is that for HB entitlements
arising on or after 6 April 2017, the number of personal allowances in respect of
children/young people that can be included in the HB applicable amount is
restricted to 2, unless they have a CTC Award Notice which specifies more than
2 children have been included in the CTC decision."

I think it's reasonable to assume from what she has written that the OP does have a CTC award for all her children.

They need to see the CTC award notification.

salesman1979

Thanks, I'll attach that notice with my appeal letter. They have already seen my CTC award with all 5 kids on.

Concerned75

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

I wish I earned that and lived in a council property. This is not a reflection on you personally, but the system should be changed that low earners aren't forced to be subsidising council tenants earning more than them, through their taxes. Very disconcerting...

Concerned75

I notice there is a housing benefit officer real or unreal replying to this post. Would be interesting what they have to say on the imbalance of circumstance.

w06

I've no idea of the rules but try the calculators putting the average of the last three months in, rather than counting your inevitably lower paid (because it's part comission) half month of february as a month.

This increases your average gross pay to £3223 (2136+4366+3166) rather than your figure of £2675, i suspect that makes a significant difference to the council's calculation. Even more so when the average of the last two months is £3766, a quick google suggests that's what the council would rightly base your entitlement on

IAmWales

Concerned75 wrote: »

I wish I earned that and lived in a council property. This is not a reflection on you personally, but the system should be changed that low earners aren't forced to be subsidising council tenants earning more than them, through their taxes. Very disconcerting...

I don't believe OP said they were in a council property, but irrespective it does demonstrate a scenario where someone's entitlement far outweighs their need simply because they have a lot of children.

It is difficult to reconcile when some smaller families and those without children are struggling to the point they have to rely on food banks.

TheGardener

Concerned75 wrote: »

I wish I earned that and lived in a council property. This is not a reflection on you personally, but the system should be changed that low earners aren't forced to be subsidising council tenants earning more than them, through their taxes. Very disconcerting...

I thought the OP lived in a private rental? "What is your current living situation? I rent my home from a Private Landlord"

Does that mean the Tax payers are subsidising people (landlords) who can afford to have more than one property?

w06

The difficulty with that argument, the gardener, is that for many of us our only option is private rental. My rent is paid by me, but I'd hope that if I lose my (less than a third of the OP's) income the council would still help me despite living in a private rental, the council waiting list is so long i'd be homeless otherwise, despite ticking a lot of the priority boxes.