Housing Benefit Overpayment

[LAINEY7571]

[FONT='Arial','sans-serif']We are a samed sex couple . I am in receipt of Incapacity Benefit and DLA and was receiving Housing benefit until the law changed in Dec 2005, after which we received letters saying we were no longer entitled.[/font]

[FONT='Arial','sans-serif']We received a bill for overpaid council tax benefit which we paid and have been paying full rent and council tax benefit ever since.[/font]

[FONT='Arial','sans-serif']My partner has just lost her job so we applied for income support and housing/council tax benefit for which we have been granted minus £9.15 a week for overpaid housing benefit. [/font]
[FONT='Arial','sans-serif']I rang up the council to find out what this was about and was informed there was an overpayment of £672.76 owing from my previous claim in 2005. I asked the lady why I hadn't heard anything before about this and she said it had been overlooked and was only realised when I reapplied for the benefit.[/font]

[FONT='Arial','sans-serif']Can I appeal against this claim as we are not now in a position to pay the extra money.(I am currently paying off a DMP at £216 a month).[/font]

[FONT='Arial','sans-serif']I appreciate any advice you can give me on this matter and also any letter templates I could use to appeal.[/font]

[FONT='Arial','sans-serif']Thanks,[/font]
[FONT='Arial','sans-serif'][/font]
[FONT='Arial','sans-serif']Elaine.[/font]

[Zamzara]

If the overpayment decision was over 13 months ago then you're too late to appeal it formally, but you could ask for discretion to be used since overpayments due to the change in rules for same-sex couples are not supposed to be recovered.

Since you are now entitled to IS, you will get maximum HB, so the deduction they are proposing sounds far too large, so you should ask for this to be checked.

[LAINEY7571]

They obvously made the decision back in feb 2005 but negleted to tell us that we owed the money because they overlooked it. As you can understand I was shocked to be told I owe them money after all this time.

How do I go about appealing this, as I said before the overpayment is there own fault as I was completely honest with them about having my partner living with me and if she had not of lost her job they wouldn't have looked at my benefit account.

[LAINEY7571]

I received a letter of explanation on 05/11/08 don't I get a month to appeal this.

[Zamzara]

Good point; if you weren't notified of the decision then the time limit doesn't run until you are notified.

[Messydesk]

Actually you can appeal any claim from teh council for repayment of overpayment of council tax benefit. My council is trying to claim back a supposed overpayment from 1994/5 when they say I was living with someone and claiming single person allowance. Get your letter of appeal in straight away becasue that will stop the council chasing you for payment. Be vry clear in your letter why you are appealing. Then you will have several weeks if not months before your appeal is heard for you to get together a submission. I have lots of examples of case law and other bits of useful information which I have gathered together for my case. If I can help you at all please let me know.