Problem with overpayment of Housing Benefit

Jaybee in CF · 19th December 2007, 01:32

Hi all,

Got a letter asking for repayment of £600 in HB that was overpaid earlier this year after I came off Jobseekers Allowance. Now, when I signed off in June the woman at the Jobcentre assured me categorically that the Housing department would be notified, so I took her word for it.

Now, their letter said they paid 3 months extra until September, which is also when my contract at work ran out, I haven't worked since then. Nor have I claimed, because the contract was a good payer, and I don't claim dole if I'm not actively looking, I did some studies to get my rates up a few notches. I don't feel I should be penalised for their mistake, but they're saying it was MY responsibility to inform the Housing department??!!?

In any case, £600 is going to cause me a lot of unbought presents for my family this Christmas, what can I do to get them to cancel the invoice or at least go halves with me?

Thanks,

JB

surprise · 19th December 2007, 02:43

My daughter is a HB Contractor I will email her your plight. She has just advised another HB overpayment for someone else on thesite and they were advised that if they do have to pay it back they can offer £3.00 per week. I will post back when she has replied.

The other thread is in General Consumer Issues - Housing Benefit Overpayment - Do I have to pay it back.
(Sorry can't do link backs)

Don't know if any of that may help.

Hippy-chick · 19th December 2007, 02:54

It's quite easy, surprise - just copy and paste the link into your post.

surprise · 19th December 2007, 10:37

The ownership is on you to inform the housing benefits department of any changes in circumstances i.e. starting work,

Was you claiming Jsa income base or Jsa Contribution? How was you housing benefits paid?

Jaybee in CF · 19th December 2007, 11:17

Probably contribution, and they were paid direct into my account.

surprise · 19th December 2007, 17:02

You need to find out for definite as apparently it makes a different.

Jaybee in CF · 20th December 2007, 12:13

I've just checked with their helpline, it was actually Income based.

The GodMother · 20th December 2007, 13:46

Then you had every rite to claim HB but you dont have to check that the JC informed them of you starting work. You may be able to get them to knock a month off that as you may have been entitled to summing until your first paycheck to cum threw.

l would let suprises daughter advise you as she advised me.

Chrissi.

surprise · 20th December 2007, 21:56

if it is income based then the job centre do inform the local authority - find out whether they did inform the local authority and if so the date.

Jaybee in CF · 21st December 2007, 13:28

Alright, I've talked to the Job Centre in question. Apparently, the notification went off on the 26th of June, two days after I signed off.

The GodMother · 21st December 2007, 13:32

did the council recieve this notification?

If so they are at fault.

binkhus · 21st December 2007, 14:16

THIS MIGHT BE A STUPID QUESTION BUT IF YOU THOUGHT YOUR HOUSING BENEFIT OFFICE HAS BEEN NOTIFIED YOU WERE STARTING WORK DIDNT YOU START PAYING YOUR OWN RENT? IN WHICH CASE RENT WOULD HAVE BEEN PAID TWICE AND YOU CAN CLAIM IT BACK OFF YOUR LANDLORD?

surprise · 21st December 2007, 16:11

My daughter's out until later but will give her response when she gets back.

surprise · 22nd December 2007, 06:11

You can appeal against the decision to recover the housing benefit overpayment - however as I said previously the ownership is on you to inform the Local Authority - which Local Authority is it? - as the governments guildine figure to action a change of circumstance is 9 days not over 90 days.

Write to them as follows:

I wish to dispute the recovery of the outstanding overpayment ?????

When I signed off I was told by the Job Centre that they would notify you that I was no longer in receipt of JSA this notification was sent to you on 26/6/07 please confirm why you failed to action my change of circumstances and carried on paying me?

I think it is unfair of you recover this money when you have failed to assess my new entitlement.

ED1237 · 22nd December 2007, 07:14

As you informed the DWP and they stated they would inform HB you could claim the defence of overpayment estoppel. This relies on the fact that you acted in good faith and had you known they hadnt been informed you would have returnded the overpaid forthwith.

PriorityOne · 22nd December 2007, 09:59

You need to ask for proof that the written notification was sent off from the JC and when....a copy of the letter/email/whatever to their offices will suffice. Once you have this, I would enclose a copy of it to HB and tell them to go and (politely) do one.

Just out of interest, I was overpaid Income Support for several months some years ago.... and when the discrepancy was discovered, there was no requirement to pay it back. They are paid to assess the correct entitlement, not us.

(One of several stuff-ups over the years, I might add !)

Jaybee in CF · 22nd December 2007, 10:24

Quote:

Originally Posted by ED1237

As you informed the DWP and they stated they would inform HB you could claim the defence of overpayment estoppel. This relies on the fact that you acted in good faith and had you known they hadnt been informed you would have returnded the overpaid forthwith.

Excellent advice, you and Surprise!

Let me add, the chap at Job Centre stated categorically that it is their official procedure to notify Bromley Council of cessation of JSA. I started to pin him down, then he said that a dozen or so people sign off every week, and they've been telling claimants for YEARS that they'll discontinue the HB.

Here's some interesting text from the back of the Council's letter:

"Overpayments:

Most overpayments of Housing Benefit are recoverable. The only exception are those overpayments which occur as a result of 'official error' where the claimant or the person receiving the benefit did not contribute to the error and could not have reasonably known about the error at the time the payment was made".

"Official error"...interestingly and I think deliberately vague clause.
Does that include only those errors made by the offices and officials of the Council, or does that extend to those made by the DWP?

Did I contribute to the error? If the legal onus is upon me to directly notify the Council, then my failure to do so is a contribution.

Could I have reasonably known? As it turns out, I didn't notice. It was a good contract there was a bit of money flowing through my account after the first month, every week.

surprise · 22nd December 2007, 11:32

My daughter has just advised that as its Bromley Council she's not surprised as they outsource their HB. Also the reason she wanted to know whether your JSA was income based or contribution apparently if its income based the JC are obliged to notify the LA but if its contribution then they are not obliged to.

When writing you should also give them 14 days to sort the problem out. You could also mention that if the outcome is not satisfactory then you will refer the matter to the Ombudsman. I would also be inclined to let them know they you know

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