Thu 26-Apr-07 07:24 AM by claire hodgson

Has anyone had this problem and tips to resolving it?

client works 16 hours/week but is paid monthly.

as we all know, if a person is paid monthly, the way to work out the weekly is multiply by 12 and divide by 52.

turns out, the council in question is just dividing the monthly payslip by 4 (even in 5 week months) with the result that they overestimating client's income by about £500 pa In this case - hate to think what the damage might be in other cases!!!).

The result, over a few years, is perennial statements from the council that the client has been over paid HB/CTB and similar statements from the council tax section that council tax remains unpaid.

i have written appropriately pointing out how irrational this method of calculation is (JR irrational!) and inviting them to refer the case to TAS (i.e., to please act on client's appeal!)

anyone come across this elsewhere and got any case law/commissioners decisions/whatever i can use as ammunition?

This goes back to at least 2003, so worth chucking some ammunition at!

I find it difficult to believe that they are doing manual calculations on this or any other claim.
I don't suppose you know what system they are using - I ask because ours will automatically convert a monthly paid figure into a weekly figure. ....thus avoiding the situtaion you've described.

It's not irrational - it's just plain wrong. If the claimant states that their payments are monthly and the evidence bears it out, I would suggest asking for a statement of reasons as to why the LA are continuing to treat the pay as 4-weekly.

it's irrationally wrong .....

and they've confirmed it in writing to the client as well....

i confess to looking forward to gettign this one to tribunal etc

Extract from the Hb guidnance manual found at:

http://www.dwp.gov.uk/housingbenefit/manuals/hbgm/parts/ptbw_02b.asp#b_w250

states as follows, which couldn't be clearer:


W2.51 For tax credits, see Income from tax credits later in this chapter. If a claimant receives a payment of earnings or other income for

one week or less, the weekly amount is the amount of that payment. For example, if a claimant with a part-time job works and is paid for two days each week, the weekly amount is the amount of that payment
one month, the weekly amount is calculated by multiplying the payment received by 12 and dividing the product by 52
three months, the amount to be included in the weekly income is calculated by multiplying the payment received by four and dividing the product by 52
a year, the amount to be included in the weekly income is calculated by dividing the amount of payment by 52
any other period, the average weekly income is calculated by multiplying the amount of payment received by seven and dividing product by the number of days in the period in respect of which it is made
HB Reg 33; CTB Reg 23

YESS! thank you so much for that!

Glad to be of service!

Calculation of weekly income.HB regs 2006, reg 33 (1) .... where the period in respect of which a payment is made- (b)(i)"In a case where the that period is a month, by multiplying the the amount of the payment by 12 and dividing the product by 52"