HB and student working

squizz11

we get partial housing benefit and as yet not on universal credit.
my 16 year old who is still studying has managed to get a part time job and so far has worked 3 days , one of which was an induction. Housing have now written and want to deduct £77 per week. he is a seasonal worker so not likely to work again in the near future, which I will tell them on Monday when they open. his wages are 4 weekly so should thus be counted as such. he also receives DLA ( currently in assessment for pip) does this make a difference.

thanks in advance

calcotti

It sounds as if the local authority may have applied a non-dependant deduction from your housing benefit. If that is what has happened it is incorrect as no non dependent deduction should be made for someone under 18 years old. If you son is getting the care part of DLA no non-dependant deduction should be made if he was 18.
https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_deductions_when_living_with_non-dependants

Have the council explained how they have arrived at the deduction?

squizz11

he is still down as a dependant as it's classed as dependant income. only got the letter this morning so want to have all the relevant info before I phone on Monday. they have made so many mistakes in the last two years i now like to be armed with right info

squizz11

plus because he gets DLA I need to find out if that is relevant

calcotti

Is your 16 year old still in full time education? If so they should still be treated as a dependant child in which case their income should not be taken into account.

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs17_housing_benefit_fcs.pdf See page 18

squizz11

he is still in full time education and is still classed as a dependant, on the letter it does say dependant. all the rules I find online are for non dependants so it's confusing and there doesn't seem to be anything written down. he has only worked 3 days thus month and we haven't even told them yet as he hasn't picked up the cheque. how do they even know?

calcotti

You are obviously going to have to speak to the benefits team. My understanding is that if he is in full time education he is still a dependant child/ qualifying young person and any incomeshould be ignored. Like you have struggled to find information on dependants but I thought the Age Uk document I referenced earlier was helpful.

Are you still getting Child Benefit for him, that would tend to show that he is still a qualifying young person?

calcotti

The relevant legislation appears to be paragraph 25(3) of The Housing Benefit Regulations 2006:

Calculation of income and capital of members of claimant's family and of a polygamous marriage

25.—(1) The income and capital of a claimant's partner which by virtue of section 136(1) of the Act is to be treated as income and capital of the claimant, shall be calculated or estimated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed for the purposes of this Part as if it were a reference to his partner.

(2) i’ve omitted this because it deals with polygamous marriages

(3) The income and capital of a child or young person shall not be treated as the income and capital of the claimant.

http://www.legislation.gov.uk/uksi/2006/213/regulation/25/made

squizz11

yes def receiving child benefit for him, he is only 16 and only just started college in september

poppy12345

squizz11 wrote: »

yes def receiving child benefit for him, he is only 16 and only just started college in september

Then calcotti's advice is correct. He's classed as a dependant for housing benefit.

Afraid_of_Kittens

There is no non dep deduction of £77 per week.

It is impossible for the computer programmes used by Local Authorities to take a non dep deduction for someone under 18.

What exactly does the letter say that you have received from the council?