Can I just name and shame my local council Dumfries & Galloway.

Who have decide that this new child benefit disregard in HB & CTB paid to families to help reduce poverty by giving families more money in their pockets, is seen as fair game for increasing the recovery amounts in overpayment cases.

They are increasing the maximum recovery from £9.75 to over £20 weekly as they say families now have more income due to CB being disregarded.

It is of course being challenged.

Quite right too. its not allowed.
A27/2008;
Recovery of overpayments from ongoing HB
52 The standard maximum rate of recovery from continuing benefit is increasing from £9.15 to £9.75 from 1 April 2009. Similarly, the maximum rate of recovery from continuing benefit, when the overpayment has arisen as a result of fraud as defined in Reg 102(3) of HB Regulations 2006 and Reg 83(3) of HB (SPC) Regulations 2006 has increased from £12.00 to £12.80.
53 As well as the above rates of recovery, an LA can increase deductions by half (50%) of certain disregards, if applicable for
• earnings
• regular charitable income or voluntary payments
• War Disablement Pension or War Widows Pension
54 LAs must not recover more than these prescribed amounts from ongoing HB. LAs should have regard to any special health or financial circumstances of the claimant before deciding the level of deduction, or when to commence the deductions, to avoid causing undue hardship to the claimant or their dependants. See HB/CTB Overpayments Guide, Recovery of Overpayments, paras 4.430-4.432.

the CB disregard isn't listed here, so can't be used.

And just to add the schedules have not been amended and so the CB does not come in scope at all under any circumstance.

I would suggest that not only do you challenge it locally but that you report this directly to DWP using the Child Ben Disregard contact on A17/2009.

http://www.dwp.gov.uk/local-authority-staff/housing-benefit/user-communications/hbctb-circulars/2009-adjudication-and-operations/index.shtml/

Perhaps a good way of doing it is to submit it as an FOI request.

"Why did the government decide not to increase HB maximum recovery rates in consequence of its decision to disregard Child Benefit, and why did it not vest any discretion in LA's to increase the rate notwithstanding the decision of the government." Or something like that.

You will then get the policy intention within 20 days and confirmation that your LA's approach is wrong in law.

Hi

We challenged this with our local authority who backed down. I'm not sure how you do the link to another discussion but it was topic 8427 on HB and we had exactly the same concerns that you had.

Fri 13-Nov-09 07:13 PM by billmcc

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=8427&mesg_id=8427&page=2

Link above to earlier post mentioned.

Thanks all for your contributions