stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
|
RE: HB recovery from the Child Benefit disregard
Fri 25-Sep-09 01:13 PM |
The authority for the 50% deduction is found in (e.g.) HB Reg 102(4)
"(4) Where, in the calculation of housing benefit, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 3 to 10 of Schedule 4 (sums to be disregarded in the calculation of earnings) or paragraph 14 or 15 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings), the deduction under paragraph (2) may be increased by not more than half the amount of the reduction."
Paras 14-15 of Sch 5 are at present as follows
"14.—(1) Subject to sub-paragraph (2), any of the following payments– (a) a charitable payment; (b) a voluntary payment; (c) a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant; (d) a payment under an annuity purchased– (i) pursuant to any agreement or court order to make payments to the claimant; or (ii) from funds derived from a payment made, in consequence of any personal injury to the claimant; or (e) a payment (not falling within sub-paragraphs (a) to (d)) received by virtue of any agreement or court order to make payments to the claimant in consequence of any personal injury to the claimant. (2) Sub-paragraph (1) shall not apply to a payment which is made or due to be made by– (a) a former partner of the claimant, or a former partner of any member of the claimant’s family; or (b) the parent of a child or young person where that child or young person is a member of the claimant’s family.
15. Subject to paragraph 34, £10 of any of the following, namely– (a) a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9); 1(b) a war widow’s pension or any corresponding pension payable to a widower or surviving civil partner; (c) a pension payable to a person as a widow, widower or surviving civil partner under 2 any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armedforces of the Crown"
There is no authority under the present Regs to deduct half of the planned child benefit disregard, and I dont know of any amendment giving that authority
|