Housing Benefit Query

[GodI'mfedup]

Hello,

I work at a pre-school we are closed for all LEA holidays and I do not get paid for them except for four weeks which are covered by set holiday pay paid from pre-school (i.e 1 week at Easter, 2 weeks before the big summer break and 1 week at Christmas). I work 3hrs a day, five days a week.

My rent at this time was £98.95 per week. I live with my daughter who is 22 pregnant but getting JSA because she is looking for work untill the baby is born. Nov 2007 my HB payment was £395.40 per month which covered my rent all but a few pence. Then at the end of Nov I had a letter saying there had been an over payment which they intended to recover. The details of the letter are as follows.

Housing Benefit
4 weeks at £3.96 per week = £15.84
5 weeks at £2.85 = £14.25
8 weeks at £14.11= £112.88
14 weeks at £22.20 = £310


Council tax benefit
3 weeks at 6 days at £3.66 per week = £4.70
5 weeks at 1 day at £0.88 = £4.52
8 weeks at £4.34 = £34.72
12 weeks at £6.83 = £81.96

My wage fluctuates each month depending on how many sessions/weeks fall into the month. When you work it weekly as they do, on paper it does look like I am over earning but I don't think it takes into account the 12 weeks I have without pay. For last year my wage was £4,185.00 ( I don't pay tax) if I divide this by 52 weeks of the year not the 40 weeks for which I'm paid, it for most months dramatically lowers my average wage. After disregard and Applicable rent is taken off and I'm still over by around £10 per week. Which is fine I don't have a problem paying something as long as the figure has been worked out fairly.

I am right in thinking that the wage earned should be averaged out over the whole year (as it has to support me for the whole year).

If the over payment stands can the council take it back so dramatically. Dec,Jan,Feb,Marchs HB payment dropped from £395.40 to £260.60.

Anyone any idea from the info (sorry I know it's a bit garbled) if I have a case to argue they haven't calculated my HB right.

Thanks

[robin9342]

Housing Benefit/ Council Tax Benefit calculations can be very complex. However, if you feel they have miscalculated, then you should appeal.

[gizmo111]

Have a look over here www.entitled.to.co.uk and you can do a complete benefits check.

[Ladidi]

I think what you also have remember as well as your earnings your daughter claims JSA. this is also counted when housing/council tax benefit is applied for. Even though it is not your money and is your daughters they count is a household income and therefore believe she should also contribute towards to some of the rent and council tax.

[GodI'mfedup]

Thank you for your all your replies

If I put my wage per month in to the calculator according to entitledto I should be entitled (although I know this not set in stone) to £84.40 per week of HB.
however
If I put my total annual wage into the calculator it says I should be entitled to £4,922.59 which is £94.41 per week. This illustrates what I am wondering. The difference being I think is the weekly wage calculation assumes I am getting that pay for 52 weeks of the year and therefore over estimates my income.

I realise my daughters JSA effects decision but she has only just moved home this month. These fidures are for April 07- March 08.

Yes, I am going to be contacting the HB dept tomorrow I just thought I'd get some opinions from the folks on here to.

[GodI'mfedup]

edited > Double post

[GodI'mfedup]

Oooops sorry lost connection mid post, then ended up posting twice.