Hi,I am going to receive £2500 of housing benefit because they made mistake when calculated and after long time was amended.I was expecting this payment because I know there was a mistake,I did not meet my expenses last few months and I owe three rents to my landlord,he was waiting because aware of my situation so most of this money is already spent,and it is not money only for me because I live with partner and child.Can it be counted as a windfall?thanks,Martin.
Welcome to the forum martin99.
Do you know whether this money (the regular housing benefit payment that you should have had) was included as part of your income when your trust deed payment was calculated?
Hi martin99
That's a tricky question to answer. The official guidance that trustee's should follow is that no contribution should be sought from benefit income, which might suggest that the funds should be safe.
However, Trust Deed Assistant's question is an important one. Your trustee could argue that you should have been paying more all along from your earned income if the level of benefits to which you were entitled has turned out to be higher than they had based their calculations on.
It is quite a subtle point, and I think is arguable either way.
yes,It was calculated,i report that I am getting £210 a month,bud I was getting £60 only and then £10 a month.So I hope it is going to be ok.thanks very much for answer.Martin
It does sound as though all will be fine martin99.
If your contribution was based upon an assumption of getting this money, and you didn't, then it doesn't seem right that it's then taken from you. This is especially the case given that you appear to have prioritised your trust deed payment over your rent.
I'm sure you'll get a sympathetic response from your trustee in such circumstances.
Thanks.Have good times.Bye for now.Martin