Non dependent left temporarily for training. Should HB be stopped?

[jenny60]

My daughter who has been living with me all the time had to leave the country for a training and qualification not provided here. She was unable to get a full time job because of lack of this qualification. I informed the HB and they did not change my HB because it is a temporary leave. But after 9 months an assessor decided that the decision was wrong and cut my HB and asked me for repayment. I receive pension credit and it is impossible to top up the rent or move to a one bed flat then to a two bed flat when she is back. Her absence is for 1 year and now she will be back in about 2 months. I contested the decision. Who is right and who is wrong?I

[stu007]

Hi jenny

 

Do you have written confirmation that HB did class this as temporary leave?

 

Did the assessor give you written confirmation as to there reasons for the decision to cut your HB and ask for repayment.

 

what local council is it just so i can check there complaints procedure.

[jenny60]

Thank you for the response

 

At first the assessors cut down the HB in January on the basis that "she moved out". I explained to them that she did not "move out" and that all her family is here and her things are still in her room. They asked when she would be back and I told them in September. So they re-instated the full HB. She did come in September, but she had to return for the exam (she did not know that when she booked her flight back). Then a new assessor sent me a letter deciding that the decision of other assessors was wrong and my HB was cut down and I was asked to repay the overpayment. This happened with the Council of Hounslow.

So I have two different understandings: one based on the fact that she was away temporarily, and the other who finds it as she moved out.

I have to look again into the letter where my HB was reinstated the first time. It must contain something about my daughter being temporarily away.

Does this make a difference if another one says later they were wrong?

[jenny60]

This is what the assessor wrote:

 

"She has no income in this country and has living costs currently in her country of study. Therefore she cannot be treated as part of your household whilst she is out of the country. A non-dependent who studies at a college/university in this country where they live away from home are excluded from the parent's claim whilst they are living away from he permanent home, therefore, the same applies to someone who is studying abroad".

[Nystagmite]

You don't have to move to a one bed flat and back again - you can live in a house / flat as big as you want; but would have to make up the additional rent yourself.

[jenny60]

Thanks Nystagmite

 

Of course I know what they are expecting from me: to pay the difference.

My question is, since benefit assessors were not agreeing on one understanding, I want to know who is right and who is wrong. In other words: what the law says in this case.

 

There are two folds to this problem:

- Repay the "overpayment", which is the more serious one, because it covers 9 months, and was not my fault at all.

- cut down my HB from October to January when my daughter returns finally.

 

The other thing with regard to paying the difference of rent is that my income is £593.00 pcm. I have to pay £250 pcm on top of the HB to cover the actua rent.

The HB itself, before cutting it down, was based on LHA which is already less than the actual rent.