Benefit Cap Flashcards
when/who was benefit cap introduced
Oct 2010 spending review - decided to restrict the total amount of benefit payable to working age households
introduced as part of the Welfare reform Act 2012 section 96 and 97
introduced in some areas from April 2013 and in the rest of the country in July 2013
Amended in November 1016
what are the HB regs which prescribe the ben cap
regs 75 a to g of HB regs 2006
what is the aim of the Bencap
incentive to work
intoduce fairness for those in work in comparison to those out of work
make financial savings and change behavious for future
what is Ben cap household
cl and partner
any dependants
who delivers bencap
LA administers the benefit cap as part of the administration of housing benefit
on the instruction of the DWP
UC will administer where the CL receives UC housing costs
what are the bencap rates
1st rates £500 and £350 2nd rates £384.62 and £257.69 London rates £442.31 and £296.35
implication of the Bencap
reduced welfare bill
tends to affect income for large families
increased pressure on DHP fund
Scottish Goverment provide the LA’s with this fund
what incomes count
Bereavement allowance Carers Allowance (not from Nov 2016) Child Benefit Child Tax Credit Housing Benfeit IS/JSA IB and Conts UC housing costs Guardians (not from Nov 16) maternity allowance SDA
when would you be exempt
if in receipt of WTC or would be if income wasnt so high if ESA support Group AA PIP or DLA to CLt PTR of child Armed Forces compensation Armed Forces Independence payment War Pension scheme payment Industrial Injuries Benefit
If in Exempt accommodation then the HB is counted as zero
how does the ben cap work with HBRO
Ben cap is not applied for any hBRO period
delayed ben cap rules
impact of BC can be delayed for 39 weeks if the CL was working 50 out of the last 52 weeks prior to the last day of employment ; and
worked 16hrs + in their last week and;
not entitled to IS or JSA
this is known as the grace period
effect of the Benefit Cap
should not create an OP eg if DWP decide on 4 May that the cap applied then it is applied from 4 may
underpayments are allowed where there is for eg a delay in the LA /DWP ending the cap
Cap cannot reduce the HB or UC housing costs to below 50p other wise cant claim DHP
Appeals
you cant appeal against the application of the benefit cap only the amounts taken into account by us
caselaw
lone parent - dismissed
Carers Allowance - allowed and hence the amendment from nov 2016
example 1
CL and partner with 4 deps on IS IS 114.00 CTC 256.00 CHB 59.00 HB 119.00 TOTL 548 cap 384.62 excess 163.38
HB reduced to 50p
