Can determination of benefit be done annually? 25 January at 5:36PM in Benefits & tax credits 7 replies 408 views

Vek

The DWP, Housing and Council Tax have all issued Overpayment Decisions against an individual for failure to disclose that her spouse started working temporarily.

The individual said it was honest mistake on her part as she had no knowledge that temporary  working for a few hours count. The matter appeared overwhelming for her and need direction as to how to solve the matter. 

Could she rely on her spouse P60 to demonstrate that she would still be entitled to Benefit once computed on the basis of annual as against monthly? 

poppy12345

You mention DWP and housing  so which benefits are they claiming exactly? All changes must be reported when the change occurs and it does advise this on all benefits letters.

marcia_

 Probably no. 

The only benefit that was worked out annually was tax credits.

Most other benefits are based in the income from a specific period. 

Vek

She was in receipt of ESA income related and as such passported to having Housing Benefits and Council Tax reduction. 

Her spouse was working until his company laid them off during the lock down. He then got JSA new style at the same time she was still receiving ESA IR.

He got some 8 hours temporary job at times 10 hours with no contract issued but paid into his account. After about 8 months DWP contacted her and she told DWP over the phone that her partner JSA New Style was stopped so he goes looking for any job to have money for himself.

So she got letter in post after about two weeks that she was no longer entitled to ESA IR from the date her spouse started working. So Overpayment decision was then issued as well as penalty. 

After about one month Housing Benefit wrote that ESA IR advised she was not entitled to Housing from the dare of her spouse working. So again Housing requested from Housing Overpaid. 

Council Tax wrote her a few days ago in similar manner that she now have outstanding council tax payment and once not paid within 7 days a court summons would be instigated. 

She could only get P60 of her spouse for the year that covered the period. 

Spoonie_Turtle

Those benefits are all calculated on a weekly basis.  There would be no reason for averaging out the wages over a year.

poppy12345

As she was the main claimant of the ESA then £20 of the partners earnings would be disregarded. After that the ESA will be reduced £1 for £1. On her ESA letters it says "all changes need to be reported" it's a weekly benefit so weekly earnings are taken into account, not annual.

If her partner was paid earnings into their bank then bank statements would prove earnings received. Or even payslips.

Housing benefit is also a weekly benefit so annual earnings are not taken into consideration.

They can claim Universal Credit as a couple but if her ESA ended then she will need to report her health condition, supported by a fit note and go through the work capability assessment again.

calcotti

Vek said:

She was in receipt of ESA income related and as such passported to having Housing Benefits and Council Tax reduction. 

Are you sure it was entirely income based. An old ESA award can be a mix of contribution based and income based ESA. 

Vek

calcotti said:

Vek said:

She was in receipt of ESA income related and as such passported to having Housing Benefits and Council Tax reduction. 

Are you sure it was entirely income based. An old ESA award can be a mix of contribution based and income based ESA. 

It was entirely income based.

@poppy12345 She has a medical condition that she can't comprehend information very well.