I have been dealing with a client who is in receipt of Incapacity Benefit and therefore only partial Housing Benefit. He has a 17 year old daughter who is still in relevant education and he claims Child Tax Credit and Child Benefit for her. She has a daughter and claims Child Benefit but not Child Tax Credit, this is claimed by her father.

I have managed to convince Revenues and Benefits that their calculations for Housing Benefit should include a Family Premium with an extra amount for a baby and 2 Dependant Child Additions. However, I am struggling to get the Child Benefit the claimant's daughter receives removed from his income details in the calculations. The reason given is that whilst the granddaughter is treated as his dependant, Child Benefit is included in the calculation of his income. Any suggestions on how to proceed?

It is a nonsense to say thatchild benefit is included in his income when he does not receive child benefit.

He cannot be assesed as having income that he does not have unless the Regulations specifically provide for it eg in the case of student loans.

You could also point out to the LA that it is not their role to intervene in what could be competing claims for other benefits such as child benefit.

Reg. 25(3) HB Regs - 'the income and capital of a child or young person shall not be treated as the income and capital of the claimant'. Wouldn't they be better off if daughter claimed IS and CTC though?

Richard Atkinson

Thanks for that. Should have said, the daughter receives a training allowance so cannot claim income support.