Non-dep deductions, official error?

I have two cases where non-dep deductions have been applied resulting in nil-entitlement decisions, both from the same local authority. In both cases, the claimant receives PIP daily living component.

In the first case, the LA says they received information from DWP advising that his PIP had ended. This is incorrect, his PIP never ended at all. He is outside the time limit for an any grounds revision, but I presume he can ask for any time revision due to official error (ie, decision based on incorrect information)?

The second case is also outside the time limit for any grounds revision, but in her case, I am not sure that the LA was aware that she receives PIP daily living, so I presume this wouldn’t be a case of official error, so I have to see if she has reasons for a late revision/appeal?

I also want to check the LA’s approach is correct. They wrote to her on 07/06/22 and then 07/07/22 asking if child benefit for her daughter was to continue past her 18th Birthday. She finally responded on 08/08/22, but all she did was send the LA a copy of the standard letter she received which says child benefit will stop on 05/09/22 unless HMRC is informed her daughter will be continuing in education etc (she won’t be continuing).

The LA then sent her a letter thanking her for telling them about her change in circumstances and saying: “Based on the change in circumstances, you are not entitled to HB from 11/07/22. This is because you have not responded to our letters which asked if Child Benefit for ***** was to continue past her 18th birthday. As we have not had a response to this query, ***** has been made a non-dependant from her 18th birthday and a maximum non-dependant deduction is being taken from 11/07/2022 which has nil-entitled your HB claim”.

Should the daughter have been treated as a child for HB purposes until the end of the terminal date, or was the LA right to make the adverse inference and apply a maximum non-dep deduction?

Hi

its not official error idf the LA are unaware that the customer is on PIP/DLA/etc. they casn only act on info they have.

You can ask for an anytime revision advising customer id on PIP and asking LA to check CIS for proof - its a relevant benefit so can be added to the HB/CT claim from the date it was awarded. An any time revision is appropriate as adding the non dep charge was made in absence of a material fact ( that PIP, a relevant benefit, was in payment)

In terms of applying a high non dpe charge without any proof of income, that’s a definite no-no

A qualifying young person remains that until the terminal date ( end of week which includes 31 Aug/ 30 Nov/28 Feb or 31 May)  OR until they reach their 20th birthday.

If the 18 year old finished school/college in June/July, ther are a QYP until the Sunday after 31 August

then a non dep charge would apply - the non dep charge is based on the non deps circs.
it looks like the council have made an adverse inference - assuming the highest charge without any evidence the non dep in in work - in which case the customer can ask for a reconsideration

see this thread for a similar query https://www.rightsnet.org.uk/forums/viewthread/18312