Housing Benefit - Bedroom Tax

Decee

In March 2018 me and my sons mother split up. We had a joint housing benefit claim. I went into the offices of the council and informed them that my ex had moved out, she came off the claim on April 1st 2018. I can't quite remember but considering my son remained living with me in this house throughout then I would have also told them that. I reported the only change and that was that my sons mother had moved out. They didn't ask for anything else. 

Didn't think nothing else of it. 

Then about a year later I had an email from my housing association saying I was in arrears. I shouldn't have been as I paid 5 weeks of rent in my account with them. 

I'm autistic so I don't really understand all these letters etc. I worked out that my 5 weeks of rent in advance had been swallowed up by a shortfall in my housing benefit. I quickly figured out that the amount amounted to the bedroom tax! 

I had not recieved any notification that I was being charged the bedroom tax from neither the council nor the housing association. 

So I immediately went down to the council to find out why it was being applied to my claim when I didn't have any spare bedrooms. They said because they didn't know my child was living with me. I told them that they never asked if he moved out or if he was still here. I provided my child benefit letter (June 2018) and then they put him back on my claim. 

They refused to backdate my claim from the beginning as "I failed to notify them of a change in circumstances" I was all confused by this so thought maybe I didn't inform them my ex moved out because that's the only change I had to inform them of right? 

So I thought nothing more of it until recently when I found paperwork saying I had informed them that no ex moved out. 

I called them today to query why my child came off the claim when he continued to live here and they are saying that as the child benefit was in her name, that's why my child automatically came off of the claim. So they just assumed he moved out, even tho he never did and there was never any question about where he was living. 

The council are saying I should have informed them when I started receiving child benefit. I don't remember them ever sending any letters around this time asking for that. 

They should have told me all of this when I went in and told them she had moved out. They didn't. 

They simple assumed he moved out with her and because of that I'm £947.16 out of pocket.

Decee

calcotti said:

Decee said: They simple assumed he moved out with her and because of that I'm £947.16 out of pocket.

That is the crux of the matter. You should challenge the decision on the grounds that you reported your ex moving out. You did not report your son moving out and they should not have made that assumption.

How long did your wife continue to receive Child Benefit for your son after she moved out before you claimed it (the Child Benefit)?

I did exactly what I had to do. She didn't put him on any other housing benefit claims either because she didn't make one so there was no questions that he moved out.

I just double checked my paperwork and for the 1st couple of months they did give me my full entitlement. They then sent me a new calculation in July which I admit I just overlooked and it included an overpayment of £140 from the start of my new sole claim. 

I claimed it straight away but it took a few months to be switched to me as she ignored their letters. I got awarded it in June 2018, before their new calculation. 

calcotti

Sorry Decee - I deleted my post because I decided I wanted more time to think about. You obviously picked it up and replied before I did so.

Things I want to consider further but don't have time to do so at the moment
1) under HB rules are the council correct to default to taking the parent receiving CB as the parent with whom the child lives?
2) given that it's three years ago do you actually have any route to challenge it anyway or are you simply out of time

Apologies for causing confusion by deleting a post.

Decee said:..They then sent me a new calculation in July which I admit I just overlooked and it included an overpayment of £140 from the start of my new sole claim. 

That unfortunately is where they will say that you were informed of the calculation and you could and should have challenged it at the time. 

Nannytone

While i agree that you should appeal, you have to accept a dagree of responsibility.
Just brcause you ex didnt claim hb is no reason for them to assume your child had remained woth you.  They wluld no longer have any reason to link you.
You also failed to check that your claim details were vorrect on your award letter.
You also would have received a new awaed letter  every year that you also failed to check.
Hopefully it will be sorted out in  your favour

Alice_Holt

You are likely to be out of time for an appeal.

But could be worth a letter of compliant, with a copy to your local councillors. 

peteuk

Assume nothing, a lesson many of us can learn from- we fell fowl of a change in our tax credit only for it to bite us on the behind some years later. 

Its paramount when making chances you stipulate all the facts.  OP told them the Mother had moved out, ideally to avoid confusion leaving me and my son would have back that up.  In our case we moved and had a new childminder.  Tax credit didn't take the old childminder off so for a period of time they had us with two child minders. 

Sorry to say but in this case back date so far seems unlikely, but if you manage to get a year back then see that as a bonus.