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Top Housing Benefit & Council Tax Benefit topic #9312

Subject: "Proof of child benefit for children to be included HB claim" First topic | Last topic
notts advisor
                              

welfare rights officer, nottingham city council
Member since
10th Mar 2010

Proof of child benefit for children to be included HB claim
Wed 02-Jun-10 02:47 PM

Nottingham City Council seem to be insisting on proof of either Child Tax Credit or Child Benefit before they will include children on a claim for LHA. When pressed they admitted this was down to guidance from one of their own managers rather than regulation - it appears to me that by applying a blanket policy they are going against HB reg 20 (1).

In the case of the particular client I am dealing with, his child benefit and child tax credits are delayed due to Inland Revenue slowness and muck ups, but although he has provided a letter from his social worker confirming that his children live with him HB still won't put them on the claim as they insist the only proof they will accept is CTC or CHB. In this particular case the children's mother is deceased so its not even as though there are conflicting claims on the go or anything like that, its just that he does not have the CTC or CHB in place yet.

Am I missing something else in the regs here, or are the LA just being unreasonable? Are other LAs applying similar policies?

  

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Replies to this topic
RE: Proof of child benefit for children to be included HB claim, nevip, 02nd Jun 2010, #1
RE: Proof of child benefit for children to be included HB claim, Kevin D, 02nd Jun 2010, #2
RE: Proof of child benefit for children to be included HB claim, notts advisor, 03rd Jun 2010, #3
      RE: Proof of child benefit for children to be included HB claim, Kevin D, 03rd Jun 2010, #4
           RE: Proof of child benefit for children to be included HB claim, Tony Bowman, 04th Jun 2010, #5

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Proof of child benefit for children to be included HB claim
Wed 02-Jun-10 03:25 PM

Many LA’s are now routinely doing this. Evidence or information required to support a claim must be what is reasonable under reg 86. Even apart from the provisions of reg 20(1), holding out for a certain piece of evidence while holding other reasonable evidence sufficient to determine the claim breaches the provisions of reg 86. Requiring certain documentation in all cases as a matter of course when not required by statute is also a fetter on discretion and, as such, unlawful

Furthermore, different departments of LA's have a corporate responsibility to work together and the HB section need to have good reasons to doubt the evidence of its social work department.

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Proof of child benefit for children to be included HB claim
Wed 02-Jun-10 03:25 PM

In the specific circumstances set out in the above case, the LA is acting wholly inappropriately.

I can understand LAs asking for evidence of a child occupying a a property as the normal home. Child Benefit isn't the sole determining factor - it is merely one form of evidence. In this case, there is cogent and credible evidence that the children are occupiers and form part of the claimant's family. That, in law, is sufficient for benefit purposes.

My advice is to submit a formal appeal and, depending on how you view the LA's conduct, a formal complaint at the same time (but keeping the two distinct and separate). Based on the info given, I can't see any Tribunal finding for the LA.

  

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notts advisor
                              

welfare rights officer, nottingham city council
Member since
10th Mar 2010

RE: Proof of child benefit for children to be included HB claim
Thu 03-Jun-10 08:20 AM

Thanks guys, that's what I thought. GL24 and complaint forms at the ready...

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Proof of child benefit for children to be included HB claim
Thu 03-Jun-10 09:40 AM

Thu 03-Jun-10 09:41 AM by Kevin D

Just for info, a GL24 is not required in order to appeal against a decision of a LA relating to a HB/CTB decision. Just a normal letter, making it clear it is an appeal (with grounds and an indication of the decision being appealed being stated), is sufficient.

Strictly speaking (and contrary to advice I've previously given), it *should* be possible for an appeal to be signed by a rep. HOWEVER, I would strongly advise that any appeal is countersigned by the clmt - this avoids any argument as to whether the appeal has in fact been made by the clmt.

  

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Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Proof of child benefit for children to be included HB claim
Fri 04-Jun-10 11:55 AM

It might also be worth pointing out that receipt of CB is possible even where a child is not living with a person (s. 143(1)(b) SSCBA) and if the LA views receipt of CB as a determining factor then (admittedly by some stretch of the imagination) there is potential for LA error overpayments.

  

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