Letter friom benefits office - help needed

[abbey44]

Hi, I'm asking for help and advice on this for a friend who doesn't have internet access at the moment, so if there are bits missing, that'll be my misunderstanding, or because I've tried to condense it from the War & Peace length epic it might be...

My friend, who's 59 and can't work due to long-standing and ongoing health problems, relies on benefits to keep her and her DS who is 17, nearly 18. He left full-time education last summer (college refused to have him back due to erratic attendance/weed use) and currently has no job or visible means of support. Since then he's been mixing with some, shall we say, dubious company and she has very strong suspicions that he's involved in drug-dealing of some sort. Leaving aside any questions about how to deal with that particular issue (which she is and has been trying to), she's just received a letter from the benefits office asking her to confirm that her DS is not in full-time education or employment and an explanation of how he is paying for his day-to-day expenses and living costs.

Obviously, the truth ("he's not gainfully employed and is probably funding himself through drugs") isn't going to help. Saying that she's supporting him isn't going to wash either, as she clearly hasn't the means to do that, and she doesn't know how to tackle this one.

This whole situation has been affecting her health, both mental and physical, for years now - it's not built up overnight and isn't going to be solved quickly either. She's not prepared to "abandon" her son to his own devices, mostly from fear of just where he'll end up, which is understandable, but he makes very little contribution in any way at all with either paying his way or helping round the house. She has some support from a social worker (because of her health problems), but other than that, not much, and lives at the opposite end of the country to me, so I can't do much in a practical way.

I have no idea how she should address this - she needs to reply, of course, but what should she do that won't make a shit situation ten times worse...?

What reason have the benefits office given for asking for this information?

She will have informed them that he was no longer in full time education when that all happened, so any adjustment to her benefits will have been sort by now. Why does it matter what money he is or is not earning? And why would it matter if she used her income to help support him?

It seems like an over reach from the benefits office... or do they now take into account a child's salary for their calculations?

So does she provide the food for him? Essentially she should say that the rent is covered and he lives there so he has no housing costs. Presumably she pays utilities so again no cost for him. If they ask what he's doing re things like clothes/travel. Well then she just says he doesn't really do anything! So she's not sustaining a "lifestyle", which as you say she couldn't afford to do. But that she's providing the very basics to live. Which sounds to me like the truth anyway.

I have worked with young people like her son. Many of them refuse to claim benefits themselves as they don't like all the requirements that come with it! And they earn more from the dealing! I used to see a lot of them getting out of cabs to see me, wearing brand new trainers and the like!

So is she claiming for them both at the moment? I'm not sure but I think that will change when he's 18, and he would be expected to claim his own benefit then. If so, she needs to think about what she's going to do when that happens as her income will be reduced. He is unlikely to make his own claim and contribute.

Thank you. Chrisjen I don't know whether this letter is as a result of her informing them in September (when the college refused to take him back) or because he turns 18 in a few weeks' time, as Asta mentions.

Asta - that's good advice. It's what is happening. I think she's worried sick about what happens when her benefits are reduced when he turns 18 as she's struggling to make ends meet as it is at the moment, and as you say, he's unlikely to claim anything himself.

He is an adult, the benefit office should contact him directly if they want to know his income.
Respond as due to data protection she is unable to divulge his personal information.

Is it ESA? There are some premiums affected by a person in the household turning 18.

They will stop child benefit and any other allowance for him. He should claim jobseekers or esa, he may be liable for some rent or council tax and eligible for benefit. She needs proper advice.

He is an adult

Not until he's 18 and currently OP's friend is receiving money for him. Hence why they're asking. It sounds like they basically want to know whether he's working, and therefore should be contributing. And if he isn't why not.

Your friend should make sure she's claiming everything she's entitled to. She also needs a serious talk with her DS about what's going to happen when he turns 18.

Benefits adviser here.

His income is relevant if your friend is claiming Housing Benefit or the housing element of Universal Credit. All adults living in the household are expected to contribute. So your friend (the claimant) will have a deduction made from her benefits based on the assumption that he should be contributing.

If he is not in education, he should claim Universal Credit (what used to be income-based JSA under the old system). Then he will be in the system and will be able to show what money he is (theoretically) living on. Of course he'll have to have regular appointments at the job centre and show what he's been doing to look for work.

I suggest that you advise your friend to visit or contact her local Citizens Advice for more guidance on this.

I work in housing benefits and once he turns 18 he will be classed as a non dependant. They will want to confirm his income so that the correct deduction is made. Once he turns 18 her benefit entitlement will likely decrease as she will lose be all or part of the family premium. If he was claiming JSA or universal credit then there would be no deduction made.
For non-dependants there is an expectation that they should contribute something to the household if your friend confirms he has no income then they can take the minimum deduction which for housing benefit is around £16.10 per week.

"if your friend confirms he has no income"
But she can't confirm that. She suspects that he does have an illegal income!

This is where she is going to run into problems. If he refuses to claim benefits, she can't force him. Realistically he's unlikely to do everything that's needed to sustain a claim, job searches, work groups etc. If she kicks him out he just becomes more embedded in the lifestyle he's currently in. She's in a very difficult position.

Asta that's exactly it. Any time she tries to talk to him about what happens when he turns 18, he just shrugs and leaves the flat. He doesn't care.

She's tried to contact the CAB, but there's a waiting list for appointments, and she has mobility problems, so getting to their office ten miles away is a problem. Nobody to take her, no public transport, can't afford a taxi... Oh, and anxiety attacks when she leaves the flat as well.

AnotherEmma - although she suspects (strongly) about the source of his income, she doesn't actually know for certain, so would she be able to put that he has "no income as far as I'm aware" or would that make things more complicated...?

"although she suspects (strongly) about the source of his income, she doesn't actually know for certain, so would she be able to put that he has "no income as far as I'm aware" or would that make things more complicated...?"

No she should not say that. As far as she is aware, he is taking drugs and possibly dealing. So as far as she is aware, he does have an income - he must be paying for the drugs somehow.

How does he pay for food, clothes, travel etc? Does she give him an allowance or does he pay for that from his mysterious income?

Based on the information given, I would advise her to say that she does not know what his income is (which is true).

If I was in her position, I would give him the following options (after he turns 18)

• claim universal credit
• get a job and show her his payslips so she can inform the council/DWP about his income
• pay her £98.30/week rent, as this is the maximum deduction that can be made from her Housing Benefit, which is for the highest earners (the deduction will only be less if they can give information about his income)
• move out

However a lot of parents are complete walkovers when it comes to the adult children, unfortunately I see quite a few people who are really struggling to make ends meet (low income, debts, etc) and they still don't ask their adult children for a contribution to rent and bills

You mention mobility problems - is she claiming the mobility component of PIP, does she have a Blue Badge, and has she looked up local transport schemes for people with limited mobility? The council website should have info on that.

We call 18 an adult because that's what the law says. But really, people mature at different rates. Apparently the adult brain isn't fully formed until 25. In my job it's a fact we're taught during training that the majority of young offenders "grow out" of it by 25. That's not a coincidence.

OP's friend is not going to kick her son out, and I don't blame her. OP, worst case scenario, if her son refuses to engage in anything that would make life easier for his mother, I would suggest this. He gets to live at home but on a "basic" basis. If she does usually pay for things like wifi, he doesn't get to use it. If she does want to provide some food. It's basic, cheap filling things like pasta with a plain tomato sauce. Or if she's really struggling, then he gets no food. She needs to put herself first. He gets no money from her for anything else. If he wants "luxuries" he pays for them, either by working or at least claiming. Not from drug money. That just then makes her complicit in his actions.

Thank you, there's some good constructive help there to be getting on with. I'm trying to call her to tell her what you've all suggested, it's really helpful. I know she's in a really difficult situation, has been for a long time, and it's hard sometimes to see a way out, particularly if you don't know your way round the system. I wish I lived nearer so I could be more practical help, but if I can help her sort this out, that would be something.

Her son pays for his own clothes and other things, but I think she provides at least some of the food, though I think she said he does buy most of his own. She doesn't give him any allowance or financial help herself - she can't afford it after she's paid her rent, bills and food.

I'll mention the PIP/mobility and the local transport schemes as well - I'm not sure about those. I know she doesn't have a blue badge, as she doesn't drive and she has nobody who can drive her anywhere, so I don't think it'd be a lot of use. Or whether she could even get one.

Thank you again.

www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/extra-help-pip-entitles-you-to/