Council tenant who is originally from Poland. Recently had a baby. Because she is from Poland it is taking 3 months to get Child Benefit in payment.

HB have included CB in the assessment of her income. HB advisor stated that CB is included as at some point CB will be backdated to tenant. I say no no no. CB might never be in payment, and plus backdated CB should be treated as capital not income (not 100% sure on that one but thought I would give it a go).

Anyhow, I'm writing a reconsideration letter to HB and asking them to not assess CB as income as is not in payment. The CPAG book (p861) says benefit that is delayed should not be treated as income but there is no reference to case law or anything.

Does anyone know of any I can use?

Thanks

Strictly speaking, you are correct that income, until awarded, does not count. Therefore, on this point, appeal away.

However, if CB is in fact awarded and arrears are paid for a past period, the arrears will count as income for the period it is in respect of. There is no disregard in these circumstances.

Thanks.

So if my appeal is successful will there be a recoverable overpayment when the CB is backdated?

Almost certainly.

The time taken to assess / award a DWP benefit will not NORMALLY count as an error by the DWP, or the LA, so any HB/CTB o/p will be recoverable.