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soleman

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  1. Only 65% of excess income (excess income is anything above your applcable amount) will affect entitlement, you will almost certainly be better off. Please don't take much notice of what Sarah has said, her comments are not helpful. You should be claiming Child Tax Credit as you are entitled to it, but yes claiming it may mean you need to make a contribution towards your rent. For a definate answer, contact your Local Authority Benefits office. they should be able to provide you with a manual calcualtion and advise you exactly how claiming Child Tax Credits will affect your entitlement. Regards again Soleman.
  2. Hi Lenny is wrong! As your claim is a 'standard claim' Child Tax Credits are included as a addtional income. Your HB wont be reduced greatly, but you may have to pay something towards the rent (definately will NOT be much considering you'll be 65 quid better off) check out Your Details i cannot tell you for definate if you will have to pay something towards your rent because I dont know what rate of INCAP you are on, what other income or benefits you receive and what LHA rate you are being assessed under, but that link should give you a rough idea. Hope this helps. regards
  3. I think your step father should contact their Housing Benefits office for some advice. If you move out and there is a short fall in their HB, and they cant get out of their tenancy, they may be able to get some help from the council's Discretionary Housing Payments fund just until their tenancy ends. But this is only a possiblity. Your step father should also make the council aware that you are living with them as you should be included on their claim as a non-dependant. Their current benefit entitlement is likely to be incorrect.
  4. Hi Do you mind if I ask a couple of questions just to gather the facts. . . . Is your mother or step father the lead claimant for the Housing Benefit claim? Are you the non-dependant on their claim? Or is the rent a fifty fifty split, do they claim for their half and you pay your half?
  5. Hi Pluff. 'Life Goes On' is wrong. You can still claim, your the Local Authority would make investigations into the house as a capital asset or as a means of income. If there is no equity (if your mortgage is higher than the value) then there is no capital to consider. The fact that you have a tenant in the property would also affect its market value. Any rental income may also have to be considered. My advice would be to make a claim. Sometimes claims such as these can be quite involved as the Authority may want a lot of info from you, but this is only so all the facts can be determined and the best decison can be made. Don't delay further as you maybe losing out on benefit you should possibly be entitled to.
  6. Did your wife register on the worker registration sheme? Did she work for 12 months continuously on that scheme? I think what your Local Authority is trying to say is that as your wife was no longer working she lost her 'worker' status and as a result they couldnt pay HB. However, if she qualified for 'retained' worker status, you should still have been eligible to claim. Without knowing the actual reason for their decsion its difficult to say. Was your wife the lead claimant? The above are just my assumptions based on the information you have provided on here. The rules and regulations surrounding claims from EEA nationals are pretty complex so to be sure I would ask your Authority for a statement of reasons, and then you should consider appealing (if you are not out of time) In addtion, if she's now back at work. You should reclaim as she could now be considered a worker and you should be able to claim again. providing she is the lead claimant. Again these are just my thoughts based on what you have said so far, but i hope this helps?
  7. Hi as she's moving out of the Local Authority area she currently lves in. HB will be cancelled from the Monday following the date she moves. This being the 22nd, she'll be paid up to and including the 21st. She should receive the payment on the 22nd, I wouldnt have thought her payment cycle will change. CTB will end from the date she leaves the property. And yes, I agree with the above, if she knows of this change now. Inform the Local Authority ASAP. This will prevent HB being paid beyond the date she moves out (and any overpayments)
  8. Hi. Yeah should should now be entitled to the disabled child premium which will increase your Applicable Amount (the figure used to reflect your basic living needs). The disabled child premium is currently £51.24 so if your tax credits increase isnt too much more than that figure your Housing Benefit shouldnt be affected too much. To be sure though, contact your Housing Benefits office and inform them of the change, they should also be able to explain exactly how this change will affect your HB/CTB entitlement.
  9. Good Luck Flooz and the above link from Aviva looks as though it may help too. I think your mum's LA should definately be looking into the possibility of helping with the shortfall via thier discretionary fund in the meantime though. Regards Soleman
  10. sorry about that. Try this link Social Security & Child Support Commissioners I found it at Selected commissioners' decisions and upper tribunal (administrative appeals chamber) decisions from April 2009 to March 2010 - martin inch http://www.administrativeappeals.tribunals.gov.uk/judgmentfiles/j2719/CH%204018%202007-00.doc (paste this in the address bar) Its an appeal decsion, there it just the appellant Vs Birmingham City Cuncil It seems to be the case you are suggesting, but not sure its relevant to your situation, its about a disabled student ,requires 2 rooms because they have a carer in student accommodation, however the room he rents is one bed. The issue it does the adjacent room his carer occupies count as part of his property? I hope you can access these links
  11. Hi Millie No the Council shouldn't be including your sons DLA as your income, it should be ingnored. In fact, it maybe that him being in receipt of DLA could even increase your applicable amount, because you may be entitled to the disabled child premium and you MAY get more benefit. The best thing to do is write to the benefits section at your local authority and request they reconsider their decsion to include your sons DLA as income. They should then realise thier error and give you back the benefit that's due to you. Regards Soleman.
  12. A backdate would not be allowed as there has to be a break in the claim in order to be considered under LHA and the minimum is a week. However, if her rent is £100pw and the LHA is £103.85,she'll get £103.85 so eventually she'll get her lost week back.
  13. Hi if your mother in law has been claiming for the last 9 years, without a break in the claim since April 08 when LHA was introduced then its unlikely that her claim is being paid under LHA. in which case she's being paid under the 'old' rules. This would explain why the local authority cannot consider the rent increase. Under the old rules rents are referred to the valuation office (they determine iif the rents are reasonable) once a year and cannot be referred again (for rent increases only) until the anniversary date. When this occurs the LA will refer the new rent, unfortunately this does mean there will be a shortfall until then. There are 2 options if HB is being paid under the old scheme. 1) She can apply for a Discretionary Housing Payment from her LA, with this fund they MAY top up the difference until the anniversary date comes round - but it is is discretionary and there are no guarantees it'll be awarded. She should speak to the LA for further details. 2) she can request her claim be cancelled for one week, then reapply. The new claim will be considered under LHA, then she'll qualify for the LHA rate for one bed rate and any top up if applicable. She will however lose one weeks HB. I hope this helps, but its best to speak with the LA and query which scheme she is being paid under.
  14. I wondering where Millie says she was on IS? if she was then there would obviously not be an issue with the Council including whatever income they have included. IS would automatically passport max HB and CTB regardless of what other benefits are in payment, deductions only 'normally' occur if there is a non dep residing in the property and the claimant is NOT receiving DLA care component. The max CA is not payable if there is another DWP benefit in payment which is more, then they have an underlying entitlement to it. Which helps with premiums etc. I queried with MILLIE, to be sure what benefit she was getting in order to ascertain a reason as to why the HB had reduced. I dont think it can be DLA as DLA is disregarded, which is why I think perhaps she is getting Carers ALlowance, which is as I said before included as unearned income even if its at a reduced amount.
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