Benefit Entitlement & Child Benefit?

[frances1p]

Hi there,

I am making an enquiry on behalf of a friend, who after recently failing her PCA and now trying frantically to put together a case, to appeal the decision.

In the meantime, whilst assisting her to collate relevant evidence and documents, I noticed quite by chance that on her letters from DWP which give a breakdown of benefits, making up the amount 'the law says you need to live on' - she has her child benefit deducted as income??

Is this correct?? eg: after listing, personal allowance, disability premium for her son, DLA for her son, Carers Allowance. The subtotal is listed and then it says, take away the amount you have coming in - which lists CA and Child benefit, as a deduction? I have never seen this before, as all of my own instances of benefit breakdowns, always lists child benefit as an amount that is ignored .

Any advice information would be much appreciated.

Many thanks in advance.

[Amethyst]

Re: Benefit Entitlement & Child Benefit?

It depends what benefits they are calculating on. It isn't ignored for everything and is taken into account for some means tested benefits (but not income related ESA ref para 7 The Employment and Support Allowance Regulations 2008 ) . It was counted in full up until last year for housing and council tax benefits.

What was the calculation for?

[frances1p]

Re: Benefit Entitlement & Child Benefit?

Thanks for responding to my query, I apologise for such vague details in order for you to be more specific in your response.

To clarify,
She is a Single Parent, with one child age 14 and lives in a Housing Association Property. She has disabilities and up until about 4 months ago, had been receiving Incapacity Benefit.

After being called for a medical (PCA) in relation to her IB, which she failed and was deemed 'able to work' (which she is currently appealing against) - so her IB stopped and this is replaced by Income Support.

Jobcentreplus periodically send you infomation about your benefits, in the form of a letter headed - About your Income Support, it then advises you of the amount of benefit you currently receive or an amended amount on a stated date. They attach a sheet to this letter, which shows how your money has been calculated, breaking down the various benefits received, this is called - How your Income Support is worked out.

Section 1 - How much the law says you need to live on
Section 2 - Income you told us about
Section 3 - Money we will pay out for you
Section 4 - The weekly amount you will receive

Section 2 - shows income you receive from other sources, some of which is tax deductable and others which are disregarded. ( eg: CA - means tested, DLA -Disregarded in calculation etc)
Those which are means tested, are deducted from your benefits, those disregarded are simply ignored and not used in the calculation of your benefits.

In the case of my friends Income Support Calculations, Section 2, lists her Child Benefit as being income (means tested) and as such is deducted from the final calculation (The amount the law says you need to live on)

My understanding was that Child Benefit in these circumstances was not counted for Income Support Calculations?

I hope this is much clearer now and that you are able to offer some explanation as to how this might be relevant in my friends situation. (I also receive Income Support, my Child Benefit is ALWAYS not counted in such calculations??

Would really appreciate your opinon/advice.

Many thanks in advance.

[Amethyst]

Re: Benefit Entitlement & Child Benefit?

How long has she been claiming IB for ? (did the claim begin before 2004?)

Does she receive Child Tax Credits ?

How much is the income support currently being paid ?

Section 2 - shows income you receive from other sources, some of which is tax deductable and others which are disregarded. ( eg: CA - means tested, DLA -Disregarded in calculation etc)
Those which are means tested, are deducted from your benefits, those disregarded are simply ignored and not used in the calculation of your benefits.

And possibly a daft question, have you checked the maths on the form ? ie that they actually have taken the CB off.

[seduraed]

i know this is a lot of reading but the linkhere http://www.dwp.gov.uk/docs/dmgch01.pdf may help as it lists the princials on which decisions are made. change the no dmgch01 to o2 etc to get the next section there are twenty seven sections in all .
Has your friend initally asked for a reconsideration This means that a new descision maker will look at the evidence . Goto a benefit checker and see what it says I'm sure someone here can opst the link . The policy of the government is to radically reduce the number of DLAclaimants so it is necessary to get a reconsideration. on that as well Look at the wording of the claim for example substantial care continuing, unable to work to walk without severe discomfort . These ned to be included in the reconsideration request. preferably get an up to date medical report from the most senior person you can find preferably a consultant . they will need to say the right words but also that they consider she is unable to work and that this condition has been continuous for the last six months and is likely to continue for the forseeable future. Try to get an appointment with a benefits specialist at the council i tried the cab but they were as much use as a chocolate fireguard.

[frances1p]

Re: Benefit Entitlement & Child Benefit?

Hi and thanks once again for getting back to me. She had in fact been claiming Incapacity Benefit since 2003.
She does not get Child Tax Credits, she is still paid child additions/benefits, via Income Support?
I queried this with her and she said she had wanted to apply for CTC but Income Support had said, it was not necessary, as people are automatically being migrated in SURNAME:ALPHABET order? Which is strange as my surname begins with a P, her surname begins K (I have had CTC for years now!)
The payment she receives from Income Support is: Personal Allowance (age over 25), She claims CA for her son, so gets the CA Premium, she also gets the Disabled Child Premium.

In Section 2 Calculation, Child Benefit is definately deducted from applicable amount (amount the law says you need to live on) along too, with CA - (which I know is means tested).

Hope this helps you to throw a bit more light on the situation, I look forward to your response and would like to thank you for you input so far.

Thanks again !!!!

[Amethyst]

Re: Benefit Entitlement & Child Benefit?

It is definately to do with the IB from pre 2004 and not having CTC but the child elements of IS. CB is still deductable. It is about the only thing it is still deductable on.

Without knowing what amounts she is getting its hard to say if she would be better off on CTC.

I'll look up the references in the legislation later on for you to check out xx

[Amethyst]

Re: Benefit Entitlement & Child Benefit?

Social Security (WTCCTC)(CA) Regs 2003

7: (4) In the case of a claimant for income support who applies for an applicable amount under regulation 17 or 18 of the Income Support Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (5).

(5) For the purposes of paragraph (4), the specified period begins on the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on–

(a)in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;

(b)in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day that award of child tax credit begins; or

(c)the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.