Housing benefit

Ashclaire86

I have 3 children a 12yr old and twins who are 8. Does anyone know if I should be getting an entitlement for all 3 children on my housing benefit claim. I get tax credits for all 3. I know there is a limit. But always thought it didn’t apply to multiples. 

Thanks in advanced. 

poppy12345

Children aged between 0-9 can share a room regardless of sex. 2 children up to the age of 15 can share a room if they are the same sex. Children aged 16-19 will be entitled to their own bedroom. All explained here. https://www.entitledto.co.uk/help/calculating-your-bedroom-entitlement

Lifematters

If you are receiving the child element for all three children in your child tax credit then you should also be receiving it in your housing benefit claim.

Ashclaire86

I haven’t been receiving it and I didn’t realise until I got my housing benefit suspended due to getting my back dated pay rise for working for the nhs. 

The council are refusing to back date this even though they made the mistake. I have them all the relevant paperwork when I started my claim. And I know they get information from HMRC. Where do I stand with this 

calcotti

You should challenge the decision. If they had the information but failed to act on it they should correct the error and backdate it.

Lifematters

The council have included all three children in your claim but have only awarded the child element for two of them, is that correct? The limit is two (with some exceptions) but you are exempt from this limit if receiving the child element for all three in your tax credit claim. Raise it again with Council. 

Ashclaire86

They said they will back date the error till April, where they suspended my claim but won’t back date it any further. I have sent letter from tax credits for the past 4 years to prove that I have always received the child element for all 3 children. They have now stopped replying to my emails. I am not sure who else I can speak to. 

Lifematters

You can ask them in writing to explain the decision or to look at it again. You should do this within one month of receiving the notification letter. If you still disagree with the decision you can then appeal to a tribunal. You may be able to download a benefits appeals form online and send it to the council. Have a look online at your Councils HB dispute and appeals process and it will explain the steps you need to take if you disagree with a decision. 

Ashclaire86

Am I in the wrong ? Because if I am then I will accept that. But if not then I want to make sure that this is sorted. Every year my benefit gets reviewed so not sure how this was missed for 4 years. 

Robbie64

Guidance from Shelter:

Time limits for requesting a review

No time limit

You can ask the housing benefit department to review a decision at any time if there has been an official error. For example, the council got the law wrong.

https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_revisions_and_appeals

Ashclaire86

Ok thanks for everyone’s helps