Thread: Housing benefit overpayment

Yes they should have written. Ask for copies of all letters regarding this overpayment and a statement of what has been paid and when.

The information about recovering the overpayment should have been on your hb/ctc award letter but frankly this notification letter is so difficult for the layman to read I'm not surprised you didn't realise it was being recovered.

You only mention getting housing benefit - are you not getting council tax benefit as well? I would contact the council and ask about council tax benefit as well (just to make sure it has been calculated correctly) and ask when this overpayment will finish being paid back. If it is causing you severe fianncial hardship you can ask/appeal for a reduced amount to be taken - but it may be that you should have asked earlier. Sorry, I'm not sure how this works but if you don't ask the answer stays 'no'.

I agree that the average person does not understand the figures they lay down on their benefit decision notice. I recommend arranging an interview with someone from the benefits or housing department and have them explain exactly what each figure means. I did it last year as they had the wrong figures for 'Assumed Income from Capital'
The capital they said I had was incorrect, as unbeknown to those of us who need to claim benefit, especially HB is that, when you take them your three months of bank statements, if your last bank statement is quite healthy, ie. at the beginning of the month they will use this figure as your capital and work out your assumed income and any benefits they may pay you using this figure. If over the next 6 months or so, your average bank balance is only a few tens or hundreds of pounds you should take in your bank statements to show this and they can adjust their figure in your favour.
As for not informing you of why or when you were 'allegedly' overpaid, you should have received a letter from the DWP 'debt management' centre this would clearly outline the exact nature of the overpayment and why it occurred. It also outlines what you should do if you believe the decision is wrong and how you can go about an appeal, this should normaly be done within one month of the date of the letter, this is to stop them from making any deductions or carrying out any enforcement action to recover the overpayment. As you have said you were unaware of any overpayment I would seek some advice from the CAB as you need to escalate this straight to a formal complaint.
The initial letter would have given you the correct information as to what you should do if you think the decision is wrong or you do not agree with it. They will then look at the decision again and if it can be changed they will send you that in a letter if not they will again send you an explanation by letter. If you still disagree with their decision after they have looked at it again then you have the right to appeal to an independant appeals tribunal, but that must be in writing giving your reasons for appeal, ask for their GL24 leaflet 'if you think our decision is wrong' form, you can get one from your local Jobs & Benefits/social security office.
They say that you do not have the right to appeal against a decision to take money from your benefit to pay back, an overpayment, social fund loan, but you can ask that the amount you pay back weekly, or have deducted from your benefits can be reduced if it is causing you hardship.
However, if it is a mistake on their bad admin and inept systems then I have succefully argued that I cannot be held responsible for the DWP failing to act on information I gave them, and that I could not have known that I was receiving more than I should have been. Unless of course it is glaringly obvious, £500 instead of £50!!
The DWP have their own 'debt management Customer Charter' for all the good it does
Our responsibilities to you

In delivering our services we will:

• set clear standards so that you know what you can expect
• communicate clearly and effectively and in plain language
• make our services easy to use, particularly for those with specific needs
• treat people fairly and with respect
• treat what you tell us as confidential
• put things right as quickly and efficiently as possible, if they go wrong.

Clearly they are still ignoring the second of their responsibilities
Depending on where you are in the country will depend on which Debt management centre will be looking after your case. Go 'here' to have a look and find the relevant area for yourself.
Don't expect it to be rectified overnight, it took me over six months, threats of legal action and an independant case examiner to investigate 'their' mistake before they finally dropped any notion of me paying them back
I wouldn't argue over the length of time it ahs taken them to realise that a mistake has been made, and an alleged overpayment has accrued.
I would hammer home to them that their ignorance and acting with near impunity will not be tolerated and you wish to make a formal complaint immediately, but do it in writing not over the phone, as the person on the other end really couldn't care less. Plus you will have a paper trail as evidence. The debt centre manager I had was as much use as indicators on a submarine, completely body swerving my direct questions, so expect to have to escalate it to an independant case examiner, and then if you still don't get the right answers to your question you can opt for an appeals tribunal.
All in all, it will probably be autumn before it is ironed out, in the meantime tell them you cannot afford their chosen figure of £9.75 per week, and you propose a lower figure until they re-imburse you for undoubtedly what is their mistake!

Good for you! Take as much correspondence between you and the DWP or council as you can, if you need anymore help just shout