Housing Benefit and Council tax Allowance

tinkitrace

I am looking for some advice:
I have had an ongoing housing benefit and council tax claim since the birth of my 2nd child 2 1/1 year ago. My eldest child turned 18 and moved out into supported accommodation. He never lived with me once he turned 18 in August.
I informed all the relevant people. Child Benefit - WFTC and the housing benefit and council tax.

WFTC took till November to update my claim, so for housing benefit and council tax my income meant that I wasn't entitled to payments. I had informed them of my changes and bit by bit they updated my claim but each time they entered a change (just 1) the amounts were incorrect (I was being overpaid). I went in and asked them to suspend my payments until they got it right, they did for 3 weeks. So when the payments re-started I assumed they were correct and everything was now updated and correct.

It wasnt....
Presently, my WFTC and CTC don't cover the cost of my childcare due to the earlier over payment and subsequent reductions in payments.
I have been sent lots of amended council tax bills - all incorrect. And now it has been sorted out they have removed my single person discount (which was on previous bills, before they incorrectly added my son and subsequently removed him) They have refused to reinstate the discount back to August (even though they removed it in error).
This means I know have to pay £300.00 split to £150.00 over February and March.

Also, due to WFTC not sorting their end out promptly (even though over the year I am no better off) Housing benefit have removed my Family Premium meaning I am even worse off, even though my claim has continued.

My housing benefit over payment has been worked out incorrectly
They say I have been overpaid by £1025.00 for the period but I only received payments of £1041 and my entitlement for this period was £798.00. They have reduced my payments of housing benefit by £23.70. With the loss of the family premium of £17.90 the reductions are more like £38.00 a week. (which is a lot in real terms).

It's all just such a mess, I've basically ended up in a month on month growing debt and with my household bills (including things like Sky and Mobile Phones which I am contracted to, which I will cancel when they are up for renewal).

So basicallly my finances look like this atm

Wage £996.00
WFTC £559.00
CB £82.00
Total income £1632 (which doesn't seem to bad)

Rent £270
Council tax £150
Childcare £585
Gas/elec/ water etc £150
nappies/ wipes £50
travel to work £80
credit cards/ subscriptions that i need to pay etc etc £300
without food for the month this comes to £1585.00

Now before the moral brigade get on their high horses.
Before the birth of my 2nd child I worked full time, even with a severely disabled son and never ever had to claim benefits, I paid my rent and council tax. I got a degree, masters and currently doing a PhD. I never expected to be a single mum (I was married) and my 2nd child was a complete surprise (years of unsuccessful fertility treatments and IVF before being told my ovaries weren't producing eggs and giving up) and then years later finding out I'm not fat just heavily pregnant, so no I wasn't prepared financially, hence the credit card debts (that had I continued to work full time would have been cleared).
Plus during the last year, my eldest child suffered a number of serious mental health incidents mixed with his autism, learning disability and adhd (sectioned and now on a CTO) which also meant he couldn't live with me and his brother anymore (which wasn't expected)
And because my kids come first and I put myself 2nd I ignored some health issues I had - and I am currently being tested for Multiple Sclerosis. So an unexpected and stressful year all round.

If I appeal will I get my single person discount back (as I had it and they removed it when making incorrect changes)
What are my chances of getting my Family Premium back?
What are my chances of getting my over payment re looked at since (after 4 changes and letters) it still wasn't right and I did request it was suspended until they had made all the changes.
And will they look at the over payment amount and recalculate this as it is clearly incorrect.

They seem to send two letter each time with different amounts and from August my eyesight due to optic neuritis wasn't good so I could barely read them, and with the brain fuzz and exhaustion certainly couldn't work out if they were correct.

Any other advice would be greatly appreciated before I end up in a massive hole that I am unable to climb out of.

Thanks in advance

pmlindyloo

tinkitrace wrote: »

I am looking for some advice:
I have had an ongoing housing benefit and council tax claim since the birth of my 2nd child 2 1/1 year ago. My eldest child turned 18 and moved out into supported accommodation. He never lived with me once he turned 18 in August.
I informed all the relevant people. Child Benefit - WFTC and the housing benefit and council tax.

WFTC took till November to update my claim, so for housing benefit and council tax my income meant that I wasn't entitled to payments. I had informed them of my changes and bit by bit they updated my claim but each time they entered a change (just 1) the amounts were incorrect (I was being overpaid). I went in and asked them to suspend my payments until they got it right, they did for 3 weeks. So when the payments re-started I assumed they were correct and everything was now updated and correct.

It wasnt....
Presently, my WFTC and CTC don't cover the cost of my childcare due to the earlier over payment and subsequent reductions in payments.
I have been sent lots of amended council tax bills - all incorrect. And now it has been sorted out they have removed my single person discount (which was on previous bills, before they incorrectly added my son and subsequently removed him) They have refused to reinstate the discount back to August (even though they removed it in error).
This means I know have to pay £300.00 split to £150.00 over February and March.

Also, due to WFTC not sorting their end out promptly (even though over the year I am no better off) Housing benefit have removed my Family Premium meaning I am even worse off, even though my claim has continued.

My housing benefit over payment has been worked out incorrectly
They say I have been overpaid by £1025.00 for the period but I only received payments of £1041 and my entitlement for this period was £798.00. They have reduced my payments of housing benefit by £23.70. With the loss of the family premium of £17.90 the reductions are more like £38.00 a week. (which is a lot in real terms).

It's all just such a mess, I've basically ended up in a month on month growing debt and with my household bills (including things like Sky and Mobile Phones which I am contracted to, which I will cancel when they are up for renewal).

So basicallly my finances look like this atm

Wage £996.00
WFTC £559.00
CB £82.00
Total income £1632 (which doesn't seem to bad)

Rent £270
Council tax £150
Childcare £585
Gas/elec/ water etc £150
nappies/ wipes £50
travel to work £80
credit cards/ subscriptions that i need to pay etc etc £300
without food for the month this comes to £1585.00

Now before the moral brigade get on their high horses.
Before the birth of my 2nd child I worked full time, even with a severely disabled son and never ever had to claim benefits, I paid my rent and council tax. I got a degree, masters and currently doing a PhD. I never expected to be a single mum (I was married) and my 2nd child was a complete surprise (years of unsuccessful fertility treatments and IVF before being told my ovaries weren't producing eggs and giving up) and then years later finding out I'm not fat just heavily pregnant, so no I wasn't prepared financially, hence the credit card debts (that had I continued to work full time would have been cleared).
Plus during the last year, my eldest child suffered a number of serious mental health incidents mixed with his autism, learning disability and adhd (sectioned and now on a CTO) which also meant he couldn't live with me and his brother anymore (which wasn't expected)
And because my kids come first and I put myself 2nd I ignored some health issues I had - and I am currently being tested for Multiple Sclerosis. So an unexpected and stressful year all round.

If I appeal will I get my single person discount back (as I had it and they removed it when making incorrect changes)
What are my chances of getting my Family Premium back?
What are my chances of getting my over payment re looked at since (after 4 changes and letters) it still wasn't right and I did request it was suspended until they had made all the changes.
And will they look at the over payment amount and recalculate this as it is clearly incorrect.

They seem to send two letter each time with different amounts and from August my eyesight due to optic neuritis wasn't good so I could barely read them, and with the brain fuzz and exhaustion certainly couldn't work out if they were correct.

Any other advice would be greatly appreciated before I end up in a massive hole that I am unable to climb out of.

Thanks in advance

I feel that it will be difficult for anyone to help as this is so complicated and all the paperwork needs to be checked, sorry.

Have you a local CAB with a benefits specialist or a welfare advisor at your local council who could help? Make sure that you get all your paperwork in date order to make things easier.

CAB would be able to do a Quick Benefit Check for your current circumstances so that would give a starting point.

The family premium was abolished in May 2016 for HB for any new birth so depending on your child's dob you may have lost this.

http://cpag.org.uk/content/hb-family-premium-new-claims-new-problems

Your single person's discount for HB should be appealed and backdated so that is one piece of good news.

If it ends up that you have overpayments then these should be able to be repaid at affordable amounts.

Obviously this doesn't help with your immediate financial problems so a few suggestions:

Telephone your utility companies and see if you are in credit - ask for these amounts to be refunded.

Telephone your creditors and explain the situation. Say that you are seeking advice from CAB/whoever and ask for a month's 'grace period' so that you can sort things out.

Do everything you can do reduce your expenditure. Can you get some help from your child's father/family?

All of this will be sorted out eventually so try not to get too stressed.

Remember that you need to deal with the priorities money wise - so rent/childcare/food /council tax come first.

As you are feeling poorly can you get a fit note from your doctor to give you time to recover and deal with all of this?

Good luck and keep strong.

calleyw

From what I can see you are single. So is there no maintenance payments from the father of the youngest?

Benefits are not there to pay debts. So if you are struggling with any debts do get on to the debt charities to help you out.

And try the debtfree board

Yours

Calley x

CIS

My eldest child turned 18 and moved out into supported accommodation. He never lived with me once he turned 18 in August.

A 25% single occupancy reduction will cease once your son turned 18. There are other possible reductions which could apply but if you're asking for the single occupancy 25% to be re-applied then the council are correct in saying no.

What you do have in your favour is that the onus for determining discounts is on the council so, providing they are aware of the household situation, they should be looking to see if any alternative reductions apply.

pmlindyloo

CIS wrote: »

A 25% single occupancy reduction will cease once your son turned 18. There are other possible reductions which could apply but if you're asking for the single occupancy 25% to be re-applied then the council are correct in saying no.

What you do have in your favour is that the onus for determining discounts is on the council so, providing they are aware of the household situation, they should be looking to see if any alternative reductions apply.

The OP's 18 yr old moved out into supported living accommodation so I believe that she is still entitled to the single occupancy discount.

marliepanda

CIS wrote: »

A 25% single occupancy reduction will cease once your son turned 18. There are other possible reductions which could apply but if you're asking for the single occupancy 25% to be re-applied then the council are correct in saying no.

What you do have in your favour is that the onus for determining discounts is on the council so, providing they are aware of the household situation, they should be looking to see if any alternative reductions apply.

OP says the older son moved out and never lived with her whilst over 18, so she should be able to get her SPD backdated if she has evidence of that?

tinkitrace

CIS wrote: »

A 25% single occupancy reduction will cease once your son turned 18. There are other possible reductions which could apply but if you're asking for the single occupancy 25% to be re-applied then the council are correct in saying no.

What you do have in your favour is that the onus for determining discounts is on the council so, providing they are aware of the household situation, they should be looking to see if any alternative reductions apply.

My son moved out on his 18th birthday (the day he was released from hospital). I provided all information as my son became a claimant in his own right and I'm his appointee so provided all his evidence for his claim and asked for this information to be added to my claim (he gets support group ESA and severe disability enhancement and PIP ongoing indefinite claim since he turned 16 at highest rates care and mobility) and they have received this information and I have asked for this to be kept on file for both housing benefit and council tax support.

tinkitrace

marliepanda wrote: »

OP says the older son moved out and never lived with her whilst over 18, so she should be able to get her SPD backdated if she has evidence of that?

I have already provided evidence of this, still no back date?

CIS

marliepanda wrote: »

OP says the older son moved out and never lived with her whilst over 18, so she should be able to get her SPD backdated if she has evidence of that?

Thanks - I had just scanned the post quickly between working. If that's the case then providing she can prove it then yes it should be reinstated and backdated. There's no practical limit on how far a single person discount can be backdated.

It may well be a case for a tribunal in the long run as it doesn't look like they are too willing to concede - it's most likely just a case of getting the right argument across though.

marliepanda

tinkitrace wrote: »

I have already provided evidence of this, still no back date?

Why not? They must have given you some reason. Its a standard discount.

tinkitrace

So today I have received another council tax bill and support letter, both of these are yet again incorrect and I have noticed the liability amount is different to the maximum support amount

£19.51 is you liability and your maximum support is £16.72 no further explanation.

They have also again reduced my support from From £11.15 per week to £12.43 per week
from 11/12/2017 to 25/03/2018 to £6.86 each week so my liability is going to be much higher again.

My son should have been a disregard and never added to my council tax bill anyway and they had the evidence of this before he was even liable (not that he was because he moved out and were told).

I've now had 8 council tax bills for this year. (and counting)
I went in and made all my changes in one go at the beginning of September (no longer a student and student certificate came to an end, my son turned 18 and moved out of my property, change in income, and reported my son was getting esa and confirmed he was classed as severely disabled). Lots of changes but all reported in one go, had to go back multiple times as each time only one change was applied and amounts were incorrect, out of frustration I asked them to suspend my claims until they had made all the correct changes (they did for 3 week and then reinstated them) but they were still wrong. Sorry just very frustrated.