I am self-employed, getting Tax Credits,  and pay part of my rent myself. I 
receive the rest as Housing Benefit from the council.

A review is due in October or November and I would be grateful if anyone 
could help me answer a couple of questions in that regard.

(1) Can they recover overpaid benefit if my average earnings for the period 
under review exceed the level I was previously assessed at? 

(2) If I have to go on to Income Support prior to the review, which is 
possible as my health has not been good, I know I will get full HB. Under 
those circumstances, could they still claw back any overpaid benefit fromt 
he period prior to getting IS?

TIA for any help      

Stephen

url:http://myreader.co.uk/gp/1397-1.aspx

In the Extra Info section of the HB claim form 
, Stephen Holmes 
 writes
>I am self-employed, getting Tax Credits,  and pay part of my rent myself. I
>receive the rest as Housing Benefit from the council.
>
>A review is due in October or November and I would be grateful if anyone
>could help me answer a couple of questions in that regard.
>
>(1) Can they recover overpaid benefit if my average earnings for the period
>under review exceed the level I was previously assessed at?
>

Yes.

>(2) If I have to go on to Income Support prior to the review, which is
>possible as my health has not been good, I know I will get full HB. Under
>those circumstances, could they still claw back any overpaid benefit fromt
>he period prior to getting IS?

Yes.

-- 
Sue @ Darkside Borough Council

Local government: whenever we look like making ends meet, they move the ends

On 11 Aug, 22:43, Sue <S...@darkside.invalid> wrote:
> In the Extra Info section of the HB claim form
> , Stephen Holmes
>  writes
>
> >I am self-employed, getting Tax Credits,  and pay part of my rent myself. I
> >receive the rest as Housing Benefit from the council.
>
> >A review is due in October or November and I would be grateful if anyone
> >could help me answer a couple of questions in that regard.
>
> >(1) Can they recover overpaid benefit if my average earnings for the period
> >under review exceed the level I was previously assessed at?
>
> Yes.
>
> >(2) If I have to go on to Income Support prior to the review, which is
> >possible as my health has not been good, I know I will get full HB. Under
> >those circumstances, could they still claw back any overpaid benefit fromt
> >he period prior to getting IS?
>
> Yes.
>
> --
> Sue @ Darkside Borough Council
>
> Local government: whenever we look like making ends meet, they move the ends

Hi Sue - here's my two penneth:
If the review is looking at his self employed income it might set a
revised level for income for the period *following* the review - but I
don't think they can revise it retrospectively unless there was some
failure to declare a relevant change of circs on the part of the
customer. That's why it is important to set a reasonable level of
income for the self employed when the claim is made/reviewed - once
set you are stuck with it unless the nature of the business changes or
trading ceases. You can't review it just to scoop up fluctuations in
income. Self-employed income by itself should only be revised annually
in line with the self employed person's accounting period. Assuming
that's the case then there won't be any overpayment for a past period.

That's my understanding anyhow.....

Thanks for the help guys.

url:http://myreader.co.uk/msg/13973121.aspx