Thread: Benefits in dispute

Due to an official mistake we were overpaid a benefit and we have been notified that they will be claiming back the overpayment out of our current benefit however we have very good grounds for disputing the overpayment and theri decision to claw back.
I am fairly sure we will win due to it being an error on their part but if they take it out of our current benefit, after our priority debts we are left with less than £50 to live on each week! We are a couple with no children. This error of theirs also left us with £597 rent arrears!
As we are disputing it on legal grounds, are they stll entitled to carry on taking back the overpayment from the current benefit while it is being disputed?

This was HB right? Have you already appealed? If so then no, they shouldnt be taking it back. Local authority guidance states that overpayments should not be taken whilst there is an appeal going on.
If they are doing this, then you should write and tell them to stop, write, email, go in the office and phone in order to make sure they get the message!

I have already appealed after consultation with CAB who also think that the agency made the mistake. I feel fairly certain that they will cave in eventually, however the concern at the moment is whether I should still be getting my full current benefit until the dispute is resolved otherwise this will place us under severe financial strain on priority debts alone not including other debts.?

Now you've done the appeal, then yes they have to stop until it is resolved!

Thanks Emma. CAB have also advised the same.