Hi folks

My Local Authority will only add a child benefit premium once a the claimant is in actual receipt of Child benefit.

From looking at the HB regs I think this is wrong and is causing claimaints a great deal of woe but would appreciate some advice on this as it's not my field of expertise.

Also if the regs say that the LA should add treat the child as dependent on the clamaint where CB is being claimed do the LA have any discretion in not following the regs? (apologies if that's a silly question)

Cheers

If is is as simple as you say it is, then the La concerned does sound "wrong" in its approach (decisions).

There are plenty of people who have dependant children who dont claim/receive Child Benefit for instance. This should not affect their Hb/ctb claims unless it is disputed as to which parent/guardian should have the child included for their benefit awards.

The Child Benefit award "could" then be the deciding factor.

Thanks, it is as simple as I stated which is why I thought I was missing something.

I have previously asked for a review of one award and quoted the regs at them and they instantly changed their minds and changed their award but it now appears this is just a blanket policy of theirs which needs challenging.

Thanks

I advised someone on exactly this issue several weeks ago so it seems that the problem may be more widespread than local.

A chat to the LA and they will be er reviewing their decision as it turned out they had made an award including a premium on the clients next claim with exactly the same proof some 4 months later and presumably a different assessor.

Should be a good few grand winging it's way to the client but ridiculous that they didn't do the right thing.