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Top Other benefits topic #668

Subject: "Can CB be superseded?" First topic | Last topic
Connolly
                              

Welfare Rights Officer, Derbyshire County Council. Based at Portland House
Member since
29th Jan 2004

Can CB be superseded?
Wed 09-Nov-05 01:06 PM

Thanks to Shawn for kindly giving me a second chance to make this post.

Is it possible to argue that, if someone is already in receipt of Child Benefit, the birth of another child is a change of circumstances and that, therefore, telling the Jobcentre about the birth (with a view to claiming extra IS; this took place in 2003)amounts to informing the relevant office? (A claim for CB can be made at a JC so this is a relevant office, I think.)

Thank you in advance for any suggestions and sorry if I am missing something really obvious.

  

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Replies to this topic
RE: Can CB be superseded?, Derekbell, 09th Nov 2005, #1
RE: Can CB be superseded?, Martin_Williams, 15th Nov 2005, #2
RE: Can CB be superseded?, Connolly, 17th Nov 2005, #3
      RE: Can CB be superseded?, judithH, 17th Nov 2005, #4

Derekbell
                              

Welfare Benefits Officer, Scottish Borders Council
Member since
11th Feb 2004

RE: Can CB be superseded?
Wed 09-Nov-05 03:18 PM

One possible problem here could be that Child Benefit now administered by Inland Revenue and not DWP. So may not be classed as a relevant office. Could depend on when CB transferred to IR.

  

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Martin_Williams
                              

Appeals Representative, London Advice Services Alliance- london
Member since
21st Jan 2004

RE: Can CB be superseded?
Tue 15-Nov-05 04:35 PM

Hi Connolly,

There was some caselaw for those asylum seekers who could get CB by virtue of being in receipt of it prior to 7/10/96. That decided that a claim for an additional child DID NOT give rise to the supersession/revision of the existing award and so they did not lose their transitional protection (which was set to end following a revision). I am not sure if that helps or hinders you (and rather classically- I cannot find the decision which I am blathering about).

I am not sure what you are trying to achieve with this question- if the person told IS about the child's birth and then did not claim child benefit can't IS just pay the full amount of the dependent addition in any event (assuming this all prior to the introduction of tax credits and the problems with that in terms of not being able to claim for a child on IS any more unless already doing so etc etc)- only potential problem would be notional income on the basis that child benefit would be available on application.

Martin

  

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Connolly
                              

Welfare Rights Officer, Derbyshire County Council. Based at Portland House
Member since
29th Jan 2004

RE: Can CB be superseded?
Thu 17-Nov-05 10:23 AM

You may well be rght, Martin, although so far the local DWP office has been unable to tell me whether it paid the full depndent addition or not. If it did so then I agree that there is nothing to worry about really.

Having said that, I have always believed that a claimant needed to claim CB in order to establish that the child lives in her/his household.

Thanks for your help, anyway.

  

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judithH
                              

Appeals Officer, Jobcentre Plus Norwich
Member since
02nd Feb 2004

RE: Can CB be superseded?
Thu 17-Nov-05 12:17 PM

When the birth of a child is notified to the IS section,and allowances for children are still in the assessment, IS is increased by the relevant child addition but CHB is assumed and taken in to account.It is up to the parent to claim the CHB from the Revenue. As far as I can remember they took over CHB in April 2003.

  

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