Hello
Please can you help me.
I have been receiving housing benefit at my current address since February 2004, I have 2 small children, I live with my partner in private rented accommodation. We receive child benefit and tax credits.
Since starting my claim it has continually been miss-calculated because of the housing officers that have dealt with it keep inputting wage information incorrectly. This kept causing over payments and under payments.
During 2007 my benefit was still continually being miss-calculated.
I would like to point out that i have always ensured information regarding my household income is accurate and up to date and handed in on time, though mostly before requested.
My partner works full time for the local council and has contracted weekend overtime, one week on one week off, this causes his wages to change on a 2 weekly pattern. Due to this the housing benefit is done based on an average wage, though this is where the problems kept arising.
In May 2007 my partner was hospitalized and was off work until October, though as he worked for the council for over 6 years he gets full sick pay, though despite his overall wages not changing during this time, our housing benefit entitlement continued to be miss-calculated, again causing over payments and also underpayments.
I later found that the miss-calculations were due to odd number of weeks being calculated as the average, and therefore giving a misleading average - nothing to do with me- I provided the wage information. I did not implement them.
I have filed several complaints regarding my benefit and have disputed the
amounts given on numerous occasions but am continually told the calculations are correct, only then to be told their is an over payment/ underpayment later on. Its ridiculous. I asked for my benefit to be calculated week by week to prevent this from happening, but was told it was not how the system works, they use an average.
Yet when they cannot enter the information in this manner correctly how is it right.
On the odd occasion my partners contracted overtime would not be
implemented on the correct week, and would be added to the following week, whenever this happened i notified the officer taking payslips from me, so made aware, but this again did not stop the mistakes from happening.
Because of the continual mistakes and lack of money being received from housing benefit, despite our income not having changed. I started looking for work, as my youngest child was due to start school in the September 2007 it was ideal to find work which was during school hours.
I went to the local job centre and enquired as to how many hours i was entitled to do, and how it would affect my benefit situation. i was informed that providing i worked under 16 hours there would be no change.
I saw a vacancy at my children's school for a dinner lady position and applied, I was offered the job, working 5 hours 50 minutes a day term time only- earning £30 a week -though did not know how much initially.
I telephoned the council informing of my employment offer, but as no wage information was told to provide more information once started employment.
I started work on the 12Th October and had my first wage at the end of October, though this was only for 2 weeks work and was not a true reflection of my earnings. Despite this i telephoned tax credits and informed them of my job and how much I'd earned but explained the situation. A new award was processed. I also telephoned the council and explained that I'd bring payslips in at the end of November when i would be paid a full month, so a true reflection of wages would be implemented.
Once I got paid at the end of November i telephoned tax credits and informed them about my new wage information, and i took the payslips into my council office, i was issued a receipt for these.
My benefit entitlement continued to change and i still did not agree with the decision. i telephoned on numerous occasions protesting it, but again was told it was correct.
I continued to provide payslips, and also telephoned to inform of a delay in
going in with a normal yearly review form due not having information available at the time, but would provide as soon as possible.
Out of the blue in June i received a pink review form headed back to work, and with it a suspension notice, saying my benefit was being stopped due to me starting work. i immediately telephoned the officer who had sent me the letter, and asked what was going on. They said I'd started work and needed to complete this form. i was confused as I'd previously notified of my job back in October yet they are now asking me to fill this form. He said they had no record of my employment until now.
I completed the two review forms (normal and pink) and took into the housing office along with everything regarding my job. at the office the housing officer tore up the review form and put it in the waist bin next to the desk. I objected to this but was told it was not required. I was shocked. It had all my information and my partners information, and was requested that i return, yet he just destroyed it.
I then received a letter asking me to attend an interview under caution as they believed my benefit claim to be fraudulent.
I attended the interview and answered their questions.
I provided them with the information regarding my job though they say not received nor were my
telephone calls.
Unfortunately in the new year myself and my partner had a massive clear out, and i shredded lots of old documents, and with this was lots of housing benefit notifications and old receipts. At the time I was unaware that I'd later need this information.
I work 5 hours 50 minutes in term time only and earn £130 a month, I notified them as soon as i took the job, and when paid. Yet as they are claiming they are unable to trace the information or the receipt it is hard for me to prove this point. I can prove that i telephoned during this time because I have itemised billing. I can also show that the officers dealing with my claim have continued to not input information correctly.
After the interview under caution I then received a letter unexpected from a housing officer who had re- assessed my claim and while doing so noticed another mistake. A rent evaluation had not been implemented since January 2007, and this caused an underpayment of £429. Though instead of paying off all the over payment, they issued a one off payment to me and left the overpayment with a balance of £250. I telephoned and asked what was happening, and was told of the error but at this point the officer thought the overpayment was cleared and assured me my claim would be calculated correct from now on.
The next day I received a letter informing me that the total overpaid to me was £425, and that i had to pay this back, but the amount of the overpayment was incorrect. It also said i was being offered to pay a 30% administrative penalty based on the overpayment. I was not accepting this especially when the amount of the overpayment is wrong, as the penalty is based on the amount overpaid. In this letter it had a date and time for an interview regarding the admin penalty, though on this date I was going to be away - otherwise i would have attended. This letter was from the investigating officer, though under the interview information it said to ask for someone. It did not mention why, or what department they worked for, only their name, and to ask for them. I telephoned the officer who sent the letter and explained i was unable to attend the interview as away on holiday, and away again the following week. Another interview was not offered to me. i asked what the interview was for, and was told it was regarding the admin penalty. As I explained I have done nothing wrong so why should I pay a penalty for their mistake, and also based on their previous history in my claim cannot assure they will not do it again- which means that the penalty is not an option. I also informed the officer that I'd received a letter informing me that there had been another mistake, though was not believed and was told the amount of the overpayment was irrelevant, despite it is what the penalty is based upon.
As I informed the officer I was not going to accept the penalty i was told that because of this i will face court proceedings which could result in me losing my job working in a school, and did i understand the risks involved. I said their is not risk as i have not committed an offence. The call was ended, I then called straight back and re pointed out that i was not refusing the interview - the only reason I was not able to attend was due to being on holiday. The officer confirmed that this was understood.
I received another revised letter regarding the overpayment, but with the
amended amount as the underpayment had been partially offset against it, and a new 30% admin penalty stated, the interview information was left blank. With this it states because on holiday the forms have been sent in the post, and will await return by set date. A non-acceptance form included with this.
I did not agree with how this had all been done. I did not agree with the forms received regarding the penalty, so i wrote my own non acceptance and a dispute regarding overpayment and how my claim is calculated. I also pointed out that according to the housing benefit and council tax benefits section 4 anti fraud policies it states:
The officer who administers the administrative penalty should not be the same officer in the interview under caution.
yet it was the same person. This again has been refused.
I have now received a summons to attend court, they are summonsing me under sections 112 of the social security administration's act.
In this is the evidence and statements they have presented though I do not know what to do with it.
I have asked for legal advice, and was told by legal aid they cannot assist me, I have contacted several solicitors but they will not take the case as not able to get legal aid. Though everything i have read regarding legal rights i am entitled to a free solicitor as my first time in a magistrates court and i also qualify due to my financial situation. Yet have been told legal aid to not fund cases based on principal. Yet my case is that I am NOT GUILY. I am innocent.
I have been searching for advice and help online but to no avail.
I have been told by the solicitor that i should have accepted the penalty and appealed the decision with the council direct. But I disagree with this. The whole overpayment should never have happened, they did not input the information and then at the same time did not have my benefit entitlement correct because of rent information which they also had available, yet again it was not implemented correctly.
With administrative penalties you are backed into a corner because if your not guilty, they say it is not an admission of guilt, its just a way of accepting a small fine, with no court proceedings. However. They can later re-open the case and still prosecute you in the future if another overpayment occurs. Based on my claims history of how they have messed it up this is ridiculous.
Not accepting the penalty automatically refers the case back to their legal
team who decide if to prosecute. In my case they have decided to go ahead.
I will not accept a penalty based on their mistakes. i have been paying back the overpaid monies from my current entitlement, though again since all this they have since underpaid me and underpaid me on 2 occasions, again based on wage information.
I would also like to add one other point. On my applications for benefit and in writing myself and my partner have given the council full permission to get our payment information direct from our employers. My partners was done in early 2007, and mine when filled in review forms.
I am sorry to have waffled on but there is a lot to my situation which is
relevant to getting the proper picture of the situation and whats happened.
If anyone has been in a similar situation or knows of sites or anything of use
regarding my situation i would be most grateful.
Thanks
Housing benefit admin penalty & summons ***WON*** 
re: Housing benefit admin penalty & summons ***WON*** 
) you have been issued with a summons to attend the magistrates court. I do think you have to attend but you are entitled to represent yourself and to plead not guilty if you wish (you will) the magistrate will help and the case should be adjourned for you to assemble your defence. as it's a criminal offence you are answering to, unless you are rich, you are entitled to free legal advice. If you explain that to the magistrate, they may be able to help. Unless it's a stipendury Magistrate (who is legally trained) other magistrates are laymen or women who take legal advice from the court staff.
