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Fear I’m gonna get hit with a big housing benefit overpayment?

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Comments

  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 18 August 2022 at 4:41PM
    n1guy said:
    n1guy said:
    n1guy said:
    I'd also formally appeal the HB decision.
    Yes it’s all a bit of a mystery this.  I’m in NI so laws might be a bit different, I phoned adviceNI who told me 18, waiting on Citizens advice to phone back. 

    There's no difference to the rules in NI.
    I doubt Housing Benefit is wrong but maybe CAB can get to the bottom of it

    They clearly are wrong here. I'm not sure what else CA can advise other than what advice has already been given here.
    While I agree they are adamant.  

          So, what do you intend to do about your overpayment demand ?

         Pay it because "they are adamant", or appeal the decision on the basis of the link to the guidance that calcotti provided for you ?



    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236954/hbgm-a5-calculating-benefit.pdf

    5.504  A non-dependant deduction is not made in the following circumstances

    ..

    • non-dependant is

    • -  aged 16 or 17 years

    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    n1guy said: While I agree they are adamant.  But even there own website says different https://www.nihe.gov.uk/Housing-Help/Housing-Benefit/Non-dependents
    As I said in my earlier reply "It doesn't explicitly state no deduction for 16/17 year olds but you can see that the deductions only apply to those aged 18 or over".
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • n1guy
    n1guy Posts: 705 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    calcotti said:
    n1guy said: While I agree they are adamant.  But even there own website says different https://www.nihe.gov.uk/Housing-Help/Housing-Benefit/Non-dependents
    As I said in my earlier reply "It doesn't explicitly state no deduction for 16/17 year olds but you can see that the deductions only apply to those aged 18 or over".
    Very true, and if it’s the case 16 year olds working are classed as non dependent how is anyone supposed to know this if it’s not published anywhere.  
  • n1guy
    n1guy Posts: 705 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    n1guy said:
    n1guy said:
    n1guy said:
    I'd also formally appeal the HB decision.
    Yes it’s all a bit of a mystery this.  I’m in NI so laws might be a bit different, I phoned adviceNI who told me 18, waiting on Citizens advice to phone back. 

    There's no difference to the rules in NI.
    I doubt Housing Benefit is wrong but maybe CAB can get to the bottom of it

    They clearly are wrong here. I'm not sure what else CA can advise other than what advice has already been given here.
    While I agree they are adamant.  

          So, what do you intend to do about your overpayment demand ?

         Pay it because "they are adamant", or appeal the decision on the basis of the link to the guidance that calcotti provided for you ?



    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236954/hbgm-a5-calculating-benefit.pdf

    5.504  A non-dependant deduction is not made in the following circumstances

    ..

    • non-dependant is

    • -  aged 16 or 17 years

    The CAB are interested in this, they have told me they “May” be able to get the entire thing overturned or at worst get payments reduced to around £5 a week.  So I’ve to send them all correspondence.  But the 16 working part should definitely be written off. 
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 August 2022 at 5:54PM
    n1guy said:
    calcotti said:
    n1guy said: While I agree they are adamant.  But even there own website says different https://www.nihe.gov.uk/Housing-Help/Housing-Benefit/Non-dependents
    As I said in my earlier reply "It doesn't explicitly state no deduction for 16/17 year olds but you can see that the deductions only apply to those aged 18 or over".
    Very true, and if it’s the case 16 year olds working are classed as non dependent how is anyone supposed to know this if it’s not published anywhere.  
    I think you may be missing the point. The 16 year is a non dependent but there are no HB deductions for a non dependant aged below 18.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Your Housing Benefit will have reduced once when your 16 year old started work and became a non dependant. 

    This is not because a non depependant deduction has been made (no deductions under 18 as others have said) but because the applicable amount used in the calculation of your HB will no longer include a dependants allowance / family premium.  

  • ask for a low repayment plan
  • n1guy
    n1guy Posts: 705 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 24 August 2022 at 1:17PM
    So guys never really got anywhere with the CAB, they were more interested in getting the weekly payment reduced to £5, it is only £11 per week so at the moment it’s not breaking the bank.  The housing benefit says the following.  Is this correct?  Bloody silly that one department doesn’t speak to the other, I wasn’t aware I had to notify them when CB stopped. I’ve set up the repayment plan. Can’t see how I can do anything else as it seems to be my fault

    Hi,

     

    The overpayment occurred as you had failed to let housing benefit know that you were no longer receiving Child Benefit for xxxx which made him change from a dependent to an non-dependent you also failed to inform that he was working full time from August 2020 this meant that a non-dependent charge applied for him resulting in the overpayment you received.

  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    n1guy said:

     

    ..... he was working full time from August 2020 this meant that a non-dependent charge applied for him resulting in the overpayment you received.

         Note that calcotti has previously advised you that:

       The 16 year is a non dependent but there are no HB deductions for a non dependant aged below 18.

      
    What age was your son at Aug 20  ?

      If under 18 then you may wish to appeal that element of the overpayment relating to the 
    non-dependent charge applied for him (as also advised in this thread).
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • n1guy
    n1guy Posts: 705 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    n1guy said:

     

    ..... he was working full time from August 2020 this meant that a non-dependent charge applied for him resulting in the overpayment you received.

         Note that calcotti has previously advised you that:

       The 16 year is a non dependent but there are no HB deductions for a non dependant aged below 18.

      
    What age was your son at Aug 20  ?

      If under 18 then you may wish to appeal that element of the overpayment relating to the non-dependent charge applied for him (as also advised in this thread).
    He was 16, yes I get that advice but everyone is dismissing it when I’ve mentioned it to both CAB and Housing Benefit 
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