Hi all. My client has a case currently with Commissioners, it is possible he may get arrears for two children for the last 8 years for Child Benefit, totalling I reckon in excess of £10,000. He is in receipt of I.S and I'm concerned about capital limits. I've checked I.S regs Schedule 10(2) and i interpret that to mean it will be ignored for duration of his award of I.S.

I'm concerned also that the I.S office may go back over time and reassess their I.S claim, when their child was included in claim, and try to recover as if 3x child benefit was in place but 1x child allowance it may have taken them out of I.S. Could they do this?

Hope I've explained this clearly, if not fire away please...

Tue 08-Apr-08 01:05 PM by paul__moorhouse

Bad new I'm afraid ljl,

I assume you are referring to Para 7 (2) of Schedule 10.

This needs to be read in conjunction with sub paragraph 1 (and, by reference, Schedule 9).

For Para 7 (2) to allow a back-dated payment to be disregarded, it has to be of a benefit specified in 7 (1), basically means tested benefits and DLA/AA, not child benefit

So, unfortunately, it will not be ignored. What should actually happen is that the IS which has been over paid in consequence of the under-payment of CB will be deducted from the CB payment (possibly reducing it to nil!) under Section 74 (2) of the Social Security Administration Act 1992.

Sorry.