Housing Benefit & Special Guardianship Allowance

[kjm]

Hi.

Me and my husband have been caring for my nephew for over 5 years.

We claim housing benefit & when my nephew first came to live with us we obviously declared the family & friends allowance we were recieving to the housing benefit department which has always shown as 'charitable payments' on our decision notices.

In oct 2011 we were granted a special guardianship order for him & the allowance changed from family & friends to sgo allowance.

Information I came across last week has led me to believe that the council shouldn't be using the sgo allowance as income when working out our benefit, yet they are & always have.

I called the department & I was told that that wasn't right & if it is on our benefit decision notice then I'm wrong as they have departments that check for these things.

I asked if they had the allowance down as family & friends or sgo & the woman said that she couldn't tell & that it didn't matter either way.

I told her that the government webite says otherwise (from 2011 onwards) & so does the fostering & adoption team website for our area.

She said that the government are always changing it & it must have changed again recently.

I've had to give up work to meet my nephews needs (& we also have two other children). My husband works full time but every month is a struggle.

I don't know where we stand now. Who's right? Does it differ from council to council?

Can anyone here offer any advice?

Thanks

[abc123def]

A Government website says in 2011 sgo should be disregarded by the LA wrt HB and CTR

 

https://www.cambridge.gov.uk/sites/www.cambridge.gov.uk/files/documents/foi/Dec2010/1240a.pdf

 

Another website says the same

 

http://kinshipcarers.co.uk/Financial-Support.php

[estellyn]

Hi.

Me and my husband have been caring for my nephew for over 5 years.

We claim housing benefit & when my nephew first came to live with us we obviously declared the family & friends allowance we were recieving to the housing benefit department which has always shown as 'charitable payments' on our decision notices.

In oct 2011 we were granted a special guardianship order for him & the allowance changed from family & friends to sgo allowance.

Information I came across last week has led me to believe that the council shouldn't be using the sgo allowance as income when working out our benefit, yet they are & always have.

I called the department & I was told that that wasn't right & if it is on our benefit decision notice then I'm wrong as they have departments that check for these things.

I asked if they had the allowance down as family & friends or sgo & the woman said that she couldn't tell & that it didn't matter either way.

I told her that the government webite says otherwise (from 2011 onwards) & so does the fostering & adoption team website for our area.

She said that the government are always changing it & it must have changed again recently.

I've had to give up work to meet my nephews needs (& we also have two other children). My husband works full time but every month is a struggle.

I don't know where we stand now. Who's right? Does it differ from council to council?

Can anyone here offer any advice?

Thanks

 

 

Request a review of the decision in writing, and it will go to a more senior decision maker to look at.