Child Benefit Help

BrokenDreams

My niece was claiming Child Benefit for her Baby who was not living with her, we asked the social worker advice and she said not to worry about it, and that my niece did not need to ring up to say a change incirmstace, even when I suggested it was against the law to not ring and say about the change, the social worker dismissed me as if my words did not matter. Now niece is being done for overpayment of Benefit, but she has not been sent a latter saying she has been overpaid, but they are talking the overpayment from her other Benefit, can they do this without even writing a letter or contactinng you? My brother wants to get the overpayment wiped as it was not the fault of my niece. (Reality is she needs to pay it back in my opinion
And he knows what I think) My niece did not even give Mum (who was looking after her baby) the money, instead she spent it on alcohol and drugs. Where does my niece stand? - I think I know where, but my brother is blaming everyone else but his own daughter. My brother wants to ring the tax people up and have a right to at them for preying on a vulnerable adult who has no way of paying the overpayment back as they are only leaving her for £20 to live on a week.

Sorry this is long

Mojisola

The information on the government site is clear -
https://www.gov.uk/child-benefit-child-lives-with-someone-else
You'll usually get Child Benefit for 8 weeks after your child goes to live with someone else (eg a friend or relative), if nobody else claims. It can continue for longer if you make contributions to your child's upkeep.

Your brother can rant if he wants but it won't achieve anything.

Better to put his energy into helping his daughter straighten out her life.

BrokenDreams

Mojisola wrote: »

The information on the government site is clear -
You'll usually get Child Benefit for 8 weeks after your child goes to live with someone else (eg a friend or relative), if nobody else claims. It can continue for longer if you make contributions to your child's upkeep.

Your brother can rant if he wants but it won't achieve anything.

Better to put his energy into helping his daughter straighten out her life.

Thanks, thought as much. I had a word with brother and said before you go into anything try and get as much facts as you can. Though he thinks he knows better than the Gov.uk website . Had to remove link as I newish user I can’t post links.

pmlindyloo

BrokenDreams wrote: »

My niece was claiming Child Benefit for her Baby who was not living with her, we asked the social worker advice and she said not to worry about it, and that my niece did not need to ring up to say a change incirmstace, even when I suggested it was against the law to not ring and say about the change, the social worker dismissed me as if my words did not matter. Now niece is being done for overpayment of Benefit, but she has not been sent a latter saying she has been overpaid, but they are talking the overpayment from her other Benefit, can they do this without even writing a letter or contactinng you? My brother wants to get the overpayment wiped as it was not the fault of my niece. (Reality is she needs to pay it back in my opinion
And he knows what I think) My niece did not even give Mum (who was looking after her baby) the money, instead she spent it on alcohol and drugs. Where does my niece stand? - I think I know where, but my brother is blaming everyone else but his own daughter. My brother wants to ring the tax people up and have a right to at them for preying on a vulnerable adult who has no way of paying the overpayment back as they are only leaving her for £20 to live on a week.

Sorry this is long

Several things here (in no particular order)

Your niece was told by her social worker that she did not have to report the change of circumstances to Child Benefit - would the social worked admit that and write a letter to that effect?

Your niece did not receive a letter about an overpayment before they started deducting from her benefits. Are you sure about that? Am not being rude but she could have received a letter and ignored it?

If she is only being left with £20 a week then the deduction appears to be wrong.

So she can get in touch with the CAB and ask them to help with all this.

There may be the possibility of appealing this - vulnerable person being given misinformation by social worker - no notification of overpayment - overpayment recovery is incorrect.

As suggested, proof the social worker gave her the wrong information might help but certainly the amount of overpayment and the recovery method needs checking.

It is possible that your niece no longer has the right to appeal due to time restrictions on this which is why she is going to need some expert advice If her CAB hasn't the resources to help ask for a referral to someone who can.

PS. How did they know that she wasn't sending the CB money to her mum? Has her mum started claiming CB in her own right?

pmlindyloo

Have just found this:

https://revenuebenefits.org.uk/child-benefit/guidance/how-to-deal-with-hmrc/submitting-an-appeal/

So your niece can submit a late appeal if she has good reason.

indigowarrior

They are very clear. When my children were taken into care I had to cancel my income support claim, child tax credits and child benefit. Everything stopped immediately. I then claimed UC. I did get a back payment of Child benefit about 10 weeks later as I was still eligible for the first 8 weeks.

John-K_3

pmlindyloo wrote: »

Have just found this:

https://revenuebenefits.org.uk/child-benefit/guidance/how-to-deal-with-hmrc/submitting-an-appeal/

So your niece can submit a late appeal if she has good reason.

Or, you know, on the other hand feel some contrition at having done a terrible thing, and do not appeal.

Whichever feels right, really.