Hi All,

Im hoping someone on here can help me. Housing benefit have cut my benefit by £50 per week because they say they have over paid me by nearly £700. Now I am angry about this for a number of reasons:

1) they miscalculated my claim, I always notify them of changes to my circumstances immediately and they had all the correct information to work out my claim, they say they over paid me due to cuts in childcare costs, I notified them of these changes last September.

2) this is about the 4th time that they have done his to me in as many years

3) while it probably wont place me in financial hardship it is definitely going to impact on my quality of life and I've signed up to things that I wouldn't have if I had known this was going to happen,. i.e. a new sofa and sky.

I am going to write them saying it is not fair that they reclaim this money as they had all the necessary information to calculate my claim correctly, i am also going to write a stage one complaint about the frequency of which they have miscalculated my claim.

I just wanted to know if there was any case law or something that could quote, I'm so tired of them doing this to me. Any help would be appreciated.

Sabby

If you supplied all the necessary information and then made a mistake, they cannot claim it back. Please read section 100 of this legislation. http://www.legislation.gov.uk/uksi/2006/213/contents/made You will need to write to them by snail mail and point out that they made the mistake and that under section 100 they cannot claim it back as it is an "official" mistake. Once they have backed down, a donation to CAG would be welcomed!

You can also request that they reduce the overpayment repayment amount (mouthful!) to a more manageable amount. £50 reduction is quite a lot - they can take as little as £10.80 a week.

You need to ask how they worked out this overpayment.

Thanks everyone, to make matters worse I have now received a letter from council tax saying that they have over paid me council tax benefit so as well as a £50 reduction in my housing benefit I now have to pay £100 a month in council tax, is there anything I can do about this at the moment I just want to cry as this will certainly put me under financial strain. I know how they have worked out my recent award, I think that they previously worked it out wrong that is why I now am facing this. I initially provided them with childcare costs Last September and then again in July.

For council tax hit them with this; http://www.legislation.gov.uk/uksi/2006/215/regulation/83/made If they made an "official" mistake under section 83 they cannot recover it. Tried this first and wait for their reply, but in the meantime do not make them any offers. We got a rejection the first time around but when I resubmitted the identical documentation showing them the error of their ways, the overpayment demand was waived.

Ah so do I need to write two separate letters or can I have a single letter dealing with the two issues that have both arisen because of their miscalculations?

Going to get started on this today ready to go out on Monday. Thank you so much

Sorry, am i being a bit slow the link you referred me to Surfer01 seems to say that the excess benefit is recoverable

"

Recoverable excess benefit

This sectionnoteType=Explanatory Memorandum has no associated

83. (1) Any excess benefit, except benefit to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph (4) and (5) and excepting any excess benefit arising in consequence of a reduction in tax or substitution to which regulation 82 refers, this paragraph applies to excess benefit allowed in consequence of an official error, where the claimant or a person acting on his behalf or any other person to whom the excess benefit is allowed could not, at the time the benefit was allowed or upon the receipt of any notice relating to the allowance of that benefit, reasonably have been expected to realise that it was excess benefit.

(3) In paragraph (2), “excess benefit allowed in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a)the relevant authority;

(b)an officer or person acting for that authority;

©an officer of—

(i)the Department for Work and Pensions; or

(ii)the Commissioners for Her Majesty’s Revenue and Customs,

acting as such; or

(d)a person providing services to the Department or to the Commissioners referred to in ©,

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

(4) Paragraph (2) shall not apply with respect to excess benefit to which regulation 82(a) and (b) refers.

(5) Where in consequence of an official error a person has been awarded excess benefit, upon the award being revised any excess benefit which remains credited to him by the relevant authority in respect of a period after the date of the revision, shall be recoverable."

Have I misread this?

thanks in advance four help!

Sorry, am i being a bit slow the link you referred me to Surfer01 seems to say that the excess benefit is recoverable

 

"

Recoverable excess benefit

 

 

This sectionnoteType=Explanatory Memorandum has no associated

 

83. (1) Any excess benefit, except benefit to which paragraph (2) applies, shall be recoverable.

 

(2) Subject to paragraph (4) and (5) and excepting any excess benefit arising in consequence of a reduction in tax or substitution to which regulation 82 refers, this paragraph applies to excess benefit allowed in consequence of an official error, where the claimant or a person acting on his behalf or any other person to whom the excess benefit is allowed could not, at the time the benefit was allowed or upon the receipt of any notice relating to the allowance of that benefit, reasonably have been expected to realise that it was excess benefit.

 

(3) In paragraph (2), “excess benefit allowed in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

 

(a)the relevant authority;

 

(b)an officer or person acting for that authority;

 

©an officer of—

 

(i)the Department for Work and Pensions; or

 

(ii)the Commissioners for Her Majesty’s Revenue and Customs,

 

acting as such; or

 

(d)a person providing services to the Department or to the Commissioners referred to in ©,

 

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

 

(4) Paragraph (2) shall not apply with respect to excess benefit to which regulation 82(a) and (b) refers.

 

(5) Where in consequence of an official error a person has been awarded excess benefit, upon the award being revised any excess benefit which remains credited to him by the relevant authority in respect of a period after the date of the revision, shall be recoverable."

 

Have I misread this?

 

thanks in advance four help!

The bit in red is the part that states excess payment due to an official error is not recoverable.

Ah, I finally get because paragraph 2 applies to me, it is not recoverable. Can this bit of legislation be applied to housing benefit and council tax?

One last thing, they must know that they are in the wrong but do the local authority often reclaim money from claimants when they know they have made an error? Im also a little bit paranoid, is it likely that they destroy any letters etc that I have sent to get out of this because essentially it's well over £1000, they have miscalculated.

Sabrina

 

One last thing, they must know that they are in the wrong but do the local authority often reclaim money from claimants when they know they have made an error? Im also a little bit paranoid, is it likely that they destroy any letters etc that I have sent to get out of this because essentially it's well over £1000, they have miscalculated.

 

Sabrina

It's most likely that the people pursuing the overpayment don't actually know that there's been a mistake. They just get something pop up on their computer saying "recover £1000 from Ms X". It is also far more likely that letters are being lost or misfiled than intentionally destroyed - as doing that would be a serious disciplinary offence.

Ahh brilliant, so its for me to show how they miscalculated and I know where they have made the error so I will write to them but one last thing, can this bit of legislation be used for both the overpayment to housing & council tax benefit and can I write just a single letter for the two issues?

its ok, figured it out will quote legislation from both acts but put in the same letter. Thank you for all your support.

x

The important bit of the legislation is 'reasonably have been expected to realise that it was excess benefit.'

This is the bit that is the sticking point with housing and council tax benefit overpayment appeals. Yes you provided everything, and yes they made a mistake, but it is only unrecoverable on grounds of official error if you can show that you would not have realised you were being overpaid. So if the mistake is apparent on the award letters, then it is very difficult to win. What do your award letters from the time of the mistake say? Did your payments stay the same when you would have expected them to reduce?

Most award letters can be very confusing to someone claiming for the first time and it is not always easy to spot mistakes.

Estellyn thank you for pointing it out! Part of the problem is that this is about the 4th time they have done this to me and when I have queried overpayments in the past they have told me the assessment was correct and then a few months later I receive an award notice saying I have been overpaid. So I will now argue this in my letter.

Additionally, surfer01 you are also right the letters are confusing the problem has arisen because they did not differentiate between holiday childcare costs and term time holiday costs and I have just realised that the error arose when I wrote to them in July informing them of a change in my holiday childcare costs. Rather than working out a new average for the two, its seems they have just used the holiday childcare costs in their assessment rather than an average of the two, im not sure if I should point this out to them at this point. If their letter made a distinction between the two I would surely have noticed the difference and I never have problems of this nature with Tax credits. Any suggestions? I could upload what I have written so far

Ok so it is a bit like an extract from war and peace but I am so annoyed right now!

To whom it may concern,

Re: Recent housingand council tax benefit and stage one complaint.

I write with reference to my latest award for both counciltax and housing benefit, in which it is claimed that I have been over paid forboth and that the total sum for both housing and council tax benefit isrecoverable from me.

I contest that this payment is recoverable from me and insteadI request that the amount you say you need to recover from me is written off. I am making this request on the grounds thatI provided you with all the necessary information you needed to calculate myclaim and that this overpayment has been made due to an official error made bythe a benefits advisor at the local authority not due to me failing to provide youwith the necessary information.

Additionally this is the third possibly fourth overpayment/underpaymentfrom you that I have had in as many years and therefore I could not reasonablybe expected to know it was an excess payment.

When I have queried overpayments in the past I have beentold that my assessment is correct only a few months later to be told that I havebeen overpaid. A few months following onfrom this I then receive another letter saying that my claim has beenreassessed and that I am being awarded more benefit- this is very confusing andtherefore because of these numerous official mistakes I feel that I am never ina position to know whether I am receiving an over payment or not. It is also not easy to decipher the awardletters that you send and as I claimant I trust that if I provide you with thenecessary information (which I always do) that you will be competent inassessing my claim correctly.

I first wrote to you with regards to a change in mychildcare costs last September 2013, when my daughter left her preschool A and started in the Reception Class at B.

In this letter I explained that my childcare costs duringterm would be £45 per because my daughter would be attending the afterschoolclub at her school, I explained that my daughter would return to A during the holidays and they would provide holiday childcare at a cost of £30per day or £150 per week.

I wrote to you again in July of this year to inform you ofanother change in childcare provision explaining that while my term time childcare remained the same, my holiday childcare was changing from A to C Afterschool and Holiday Care based in C School and that the cost was £27 per day or £135 per week (all of theseletters should be stored on your system and if they are not I would like toknow why they are not).

Thus I have kept you well informed of my child care costduring term time and during the holidays and this over payment has occurredbecause a benefits advisor assessing my claim has made an official mistake (asthey have also done on three or four other separate occasions).

It is my understanding that as I provided you with all thenecessary information with regards to my child care costs and that the benefitsadvisor assessing my claim made a mistake and because I could not be reasonablybe expected to know that I was receiving an excess payment, you cannot legallyclaim it back, I refer you to the relevant government legislation in support ofthis:

For the housing benefit overpayment I refer you to TheHousing Benefit Regulations (2006), part 13, regulation 100:

“Recoverable overpayments

ThissectionnoteType=Explanatory Memorandum has no associated

100.(1) Anyoverpayment, except one to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph(4) this paragraph applies to an overpayment caused by an official error wherethe claimant or a person acting on his behalf or any other person to whom thepayment is made could not, at the time of receipt of the payment or of anynotice relating to that payment, reasonably have been expected to realise thatit was an overpayment.

(3) In paragraph(2), “overpayment caused by official error” means an overpayment caused by amistake made whether in the form of an act or omission by—

(a)therelevant authority;

(b)anofficer or person acting for that authority;

©anofficer of—

(i)theDepartment for Work and Pensions; or

(ii)Revenueand Customs,

acting as such; or

(d)aperson providing services to the Department for Work and Pensions or to theCommissioners for Her Majesty’s Revenue and Customs,

where the claimant, aperson acting on his behalf or any other person to whom the payment is made,did not cause or materially contribute to that mistake, act or omission.

(4) Where inconsequence of an official error, a person has been awarded rent rebate towhich he was not entitled or which exceeded the benefit to which he wasentitled, upon the award being revised any overpayment of benefit, whichremains credited to him by the relevant authority in respect of a period afterthe date on which the revision took place, shall be recoverable.

I believe that there was an official error and that this iswhy the housing benefit overpayment occurred, I have highlighted the piece oflegislation in red that demonstrates that overpayment is not recoverable frommyself as it was the result of an official error.

For the council tax benefit overpayment I refer you to TheCouncil Tax Benefit Regulations (2006), part 11 regulation 83:

Recoverable excess benefit

ThissectionnoteType=Explanatory Memorandum has no associated

83.(1) Any excessbenefit, except benefit to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph(4) and (5) and excepting any excess benefit arising in consequence of areduction in tax or substitution to which regulation 82 refers, this paragraphapplies to excess benefit allowed in consequence of an official error, where theclaimant or a person acting on his behalf or any other person to whom theexcess benefit is allowed could not, at the time the benefit was allowed orupon the receipt of any notice relating to the allowance of that benefit,reasonably have been expected to realise that it was excess benefit.

(3) In paragraph(2), “excess benefit allowed in consequence of an official error” means anoverpayment caused by a mistake made whether in the form of an act or omissionby—

(a)therelevant authority;

(b)anofficer or person acting for that authority;

©anofficer of—

(i)theDepartment for Work and Pensions; or

(ii)theCommissioners for Her Majesty’s Revenue and Customs,

acting as such; or

(d)aperson providing services to the Department or to the Commissioners referred toin ©,

where the claimant, aperson acting on his behalf or any other person to whom the payment is made,did not cause or materially contribute to that mistake, act or omission.

(4) Paragraph (2)shall not apply with respect to excess benefit to which regulation 82(a) and(b) refers.

(5) Where inconsequence of an official error a person has been awarded excess benefit, uponthe award being revised any excess benefit which remains credited to him by therelevant authority in respect of a period after the date of the revision, shallbe recoverable.

Again I have highlighted in red the part that isapplicable to me and why you should not be recovering the overpayment frommyself. As I have provided all thenecessary information on multiple occasions, the overpayment is a result of anofficial error on your part and I request that you cease deducting money frommy current housing benefit and that you cease recovery £99 per month untilFebruary 2014 to reclaim council tax benefit overpayment.

I could not possibly have known that I was receiving anoverpayment for two reasons (1) the frequency with which this has happened tome as sometimes you say I have been overpaid and at other times underpaid, (2) Ido not understand the calculations on the award letters (I am neither a mathematiciannor knowledgeable in the systems used by the Local Authority to assess claims).I always provide you with the correct information with regards to my situationand I mistakenly trusted that my claim would be correctly calculated and awarded.

If you do not intend to cease recovery for theoverpayment I would like your reasons for this clearly explained with a managerin person. I would also like you toprovide copies of all correspondence that I have sent to you and you to me.

In addition to the above-mentioned, I would like thisletter logged as a stage one complaint. I acknowledge that errors can occur and that overpayments/underpaymentscan happen however what I cannot understand is the frequency with which theseoccur. This is the third, possibly thefourth overpayment of housing and council tax benefit that I have had in asmany years and each time it happens it puts me under financial stress not tomention the fact that exacerbates my already fragile mental ill health. I was in this exact situation this time lastyear and it is only because I sought advice in this instance that I am nowwriting this letter. Previously when Ihave felt my benefit is too high I have contacted the team to query my claimonly to be told that the entitlement was correct and then some months later Ireceive a letter say that I have been overpaid by hundreds of pounds. This is really unfair and is evidence thatwhen a claim is queried it is simply dismissed and therefore not worth doing!

When information was requested from me in September 2013,it was provided swiftly along with an accompanying letter explaining that I wasin poor mental health and that I was going on a respite holiday paid for by myfamily, I stipulated the dates I would be away. Whilst on holiday I received a text message with regards to my claim,this undermined the entire purpose of my holiday and rather than resting andrecuperating I was anxious, stressed and very emotional, it was not possible tocall from abroad. No consideration was given to my emotional wellbeing.

In conclusion as a result of this letter I would like thefollowing to happen:

· You ceasethe recovery of housing benefit and council tax overpayment as this was theresult of an official error, I furnished you with all the necessary informationbut you made an error and due to the frequency of which overpayments/underpaymentshave occurred and the complicated nature of the award letters I could notpossibly be reasonably be expected to know that I was in receipt of anoverpayment/underpayment.

· If you donot cease recovery of this money, I would like a meeting with a manager todiscuss why and how you have reached this decision and for you to providecopies of the correspondence I have sent to you and you to me.

· I would likethis logged a stage one complaint due to the number of times that this hashappened and to have a discussion about how to prevent this, i.e. more frequentassessment of my claim so that overpayments totaling hundreds do not build up.

Thank you for taking the time to read this and I wouldwelcome a swift response.

Yours Sincerely,

:sabby1978:

Might be an idea to delete the names of the schools to protect your child's identity.

Margaret.

You need to shorten your letter dramatically and state the reasons very briefly. One liners explaining reason should be enough. Going in all guns blazing will do you no favours.

All you need to tell them is that they made an "official mistake" and quote the sections in the legislation plus the one liner and simply state that you supplied all the necessary documentation at the time. Think of it this way, we you got a long protracted letter explaining reasons, by the time you got halfway through it you are bored with reading it as it has become confusing and will probably bin it.

If they want a detailed reason why and write to you requesting input, then write back to them a explain in more detail but phrase it in a polite manner. Rewrite it and post again.

Ok it was hard but here it goes (thanks surfer01)

"To whom it may concern,

Re: Recent housing and council tax benefit and stage one complaint.

I write with reference to my latest award for both council tax and housing benefit, in which it is claimed that I have been over paid for both due to a reduction in my childcare costs and that the total sum for both housing and council tax benefit is recoverable from me. I contest that this payment is recoverable from me and instead I request that the amount you say you need to recover from me is written off.

I am making this request on the grounds that I provided you with all the necessary information you needed to calculate my claim and that this overpayment has been made due to an official error made by the a benefits advisor at the local authority not due to me failing to provide you with the necessary information.

Additionally this is the third possibly fourth overpayment/underpayment from you that I have had in as many years and therefore I could not reasonably be expected to know it was an excess payment.

I first wrote to you with regards to a change in my childcare costs last September 2012, when my daughter left her preschool and started in the Reception Class.

In this letter I explained that my childcare costs during term would be £45 per week and that my daughter would return to her previous preschool during the holidays and they would provide holiday childcare at a cost of £30 per day or £150 per week.

I wrote to you again in July of this year to inform you of another change in childcare provision explaining that while my term time child care remained the same, my holiday childcare provision was changing and that the cost was £27 per day or £135 per week. Thus I have kept you well informed of my child care costs during term time and during the holidays.

It is my understanding that as I provided you with all the necessary information with regards to my child care costs and that because there has been an official error and because I could not reasonably be expected to know that I was receiving an excess payment due to the frequency of official errors and the complicated nature of award letters, you cannot legally claim it back, I refer you to the relevant government legislation in support of this:

For the housing benefit overpayment I refer you to The Housing Benefit Regulations (2006), part 13, regulation 100:

“Recoverable overpayments

This sectionnoteType=Explanatory Memorandum has no associated

100. (1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph (4) this paragraph applies to an overpayment caused by an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.

(3) In paragraph (2), “overpayment caused by official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a)the relevant authority;

(b)an officer or person acting for that authority;

©an officer of—

(i)the Department for Work and Pensions; or

(ii)Revenue and Customs,

acting as such; or

(d)a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty’s Revenue and Customs,

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

(4) Where in consequence of an official error, a person has been awarded rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision took place, shall be recoverable.

For the council tax benefit overpayment I refer you to The Council Tax Benefit Regulations (2006), part 11 regulation 83:

Recoverable excess benefit

This sectionnoteType=Explanatory Memorandum has no associated

83. (1) Any excess benefit, except benefit to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph (4) and (5) and excepting any excess benefit arising in consequence of a reduction in tax or substitution to which regulation 82 refers, this paragraph applies to excess benefit allowed in consequence of an official error, where the claimant or a person acting on his behalf or any other person to whom the excess benefit is allowed could not, at the time the benefit was allowed or upon the receipt of any notice relating to the allowance of that benefit, reasonably have been expected to realise that it was excess benefit.

(3) In paragraph (2), “excess benefit allowed in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a)the relevant authority;

(b)an officer or person acting for that authority;

©an officer of—

(i)the Department for Work and Pensions; or

(ii)the Commissioners for Her Majesty’s Revenue and Customs,

acting as such; or

(d)a person providing services to the Department or to the Commissioners referred to in ©,

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

(4) Paragraph (2) shall not apply with respect to excess benefit to which regulation 82(a) and (b) refers.

(5) Where in consequence of an official error a person has been awarded excess benefit, upon the award being revised any excess benefit which remains credited to him by the relevant authority in respect of a period after the date of the revision, shall be recoverable.

As I have provided all the necessary information on multiple occasions and the overpayment is a result of an official error on your part, I request that you cease deducting money from my current housing benefit and that you cease recovery of £99 per month until February 2014 to reclaim council tax benefit overpayment.

If you do not intend to cease recovery for the overpayment I would like your reasons for this clearly explained with a manager in person.

In addition to the above-mentioned, I would like this letter logged as a stage one complaint. I acknowledge that errors can occur and that overpayments/underpayments can happen however what I cannot understand is the frequency with which these occur. This is the third, possibly the fourth overpayment of housing and council tax benefit that I have had in as many years and each time it happens it puts me under financial stress not to mention the fact that exacerbates my already fragile mental ill health. I was in this exact situation this time last year and it is only because I sought advice in this instance that I am now writing this letter.

In conclusion as a result of this letter I would like the following to happen:

· You cease the recovery of housing benefit and council tax overpayment as this was the result of an official error.

· If you do not cease recovery of this money, I would like a meeting with a manager to discuss why and how you have reached this decision.

· I would like this logged a stage one complaint due to the number of times that this has happened and to have a discussion about how to prevent this, i.e. more frequent assessment of my claim so that overpayments totalling hundreds do not build up.

Thank you for taking the time to read this and I would welcome a swift response.

Yours Sincerely,

Sabrina Solomon

.

Ok it was hard but here it goes (thanks surfer01)

"To whom it may concern,

 

Re: Recent housing and council tax benefit overpayment issue.

 

I write with reference to my latest award for both council tax and housing benefit, in which it is claimed that I have been overpaid for both due to a reduction in my childcare costs and that the total sum for both housing and council tax benefit is now recoverable from me

As I have I provided your organisation with all the necessary information required to calculate my claim and that this overpayment has been made due to an "official error" made by the benefits department at the local authority and not by me failing to provide you with the necessary information, I am requesting that the request to pay back the overpayment is cancelled.

I first wrote to you with regards to a change in my childcare costs last September 2012, when my daughter left her preschool and started in the Reception Class. In this letter I explained that my childcare costs during term would be £45 per week and that my daughter would return to her previous preschool during the holidays and they would provide holiday childcare at a cost of £30 per day or £150 per week.

 

I wrote to you again in July of this year to inform you of another change in childcare provision explaining that while my term time child care remained the same, my holiday childcare provision was changing and that the cost was £27 per day or £135 per week. Thus I have kept you well informed of my child care costs during term time and during the holidays.

 

It is my understanding that as I provided you with all the necessary information with regards to my child care costs and that because there has been an official error and because I could not reasonably be expected to know that I was receiving an excess payment. I refer you to the relevant government legislation in support of this:

 

1) For the housing benefit overpayment I refer you to The Housing Benefit Regulations (2006), part

13, regulation 100.

 

2) For the council tax benefit overpayment I refer you to The Council Tax Benefit Regulations (2006),

part 11 regulation 83:

 

In conclusion as a result of this letter I would like the following to happen. As I have provided all the necessary information on numerous occasions and kept the benefits department up to date at all times, the overpayment is a result of an "official error" by the department which is why I am requesting the overpayment request to be cancelled.

Thank you for taking the time to read this and I would welcome a swift response.

 

Yours Sincerely,

 

Sabrina Solomon

 

.

As you can see I have changed it a bit. It seems as if you directed the letter to a particular person by constantly referring to "you" when it is the department at fault. An individual reading the "you" may take it personally and give you hassles. Shifting the blame to the department takes it away from the individual reading the letter.

No need to quote chapter and verse of the legislation as they should be familiar with it and have it to hand anyway. You repeat several times about requesting the overpayment be cancelled when there is no necessity.

You have explained briefly the reasons however if you could "prove it" by sending a copy of the letter or by checking your telephone bill to see which precise days you updated them it would be helpful. The more proof you can offer, the less chance of them squirming out of it.

No point in mentioning complaint level one etc at this point however if they reject it then escalate it however I may be able to help again at that point.

There is no obligation for you to do my suggested "friendly" letter word for word or even take it into account, but either way keep it brief, to the point and preferably on one sheet of paper without the font being reduced too much.

Your letter is far too lengthy, even after the reduction.

Try the following:

Dear Sir/Madam

Re Housing and Council Tax Benefit and Stage One Complaint

I have received a claim for overpayment of the above benefits and have had both benefits reduced accordingly. I dispute the overpayment on the basis that I provided you with all relevant information requested and required to assess both benefits.

I believe you have therefore made an official error, and if that is the case, then the alleged overpayment is not recoverable.

I refer you to the Housing Benefit Regulations 2006, part 13, reg.13; which states that any overayment shall not be recoverable if the overpayment has been caused by an official error. Council Tax Benefit Regulations 2006, Part 11, reg 83 includes a similar provision.

I believe that you have made an official error due to the fact that I provided all relevant information to you and relied on your assessments of my entitlement to benefits, on more than one occasions, and then subsequently received information from you to indicate the benefits were being changed again. I relied on your assessments to my detriment as I will be in financial difficulties if you persist in claiming for alleged overpayment due to your error.

I would like you to cease deductions of the benefits in respect of the alleged overpayment, and in addition for you to treat this letter as a Stage One complaint.

I look forward to hearing from you.

Yours faithfully

YOUR NAME

Anything else at this stage is extraneous and pointless.

Ahh, Surfer and I had the same idea.

I think the use of 'you/your' is acceptable as any benefit officer should know that it has nothing to do with them personally.

Hi Surfer,

thank you so much for taking the time out to help me. Yes, it was repetitive I think because I am so cross, it always helps when you get another's perspective. I shall go with your version with some tiny amendments. At this point do you not think it is worth mentioning about not being reasonably expected to know it was an excess payment? Or perhaps I will save all that for if I get a No!

As for phone records, I would have called from work as it would cost me a fortune from my mobile, they have kept me waiting over an hour before.

I will send tomorrow and hopefully will receive a swift response, If i do not i'll be back on here so keep an eye out for me if you can.

Again, thank you so much

I would simplify it further (amended Lea's below), ensure that this is a letter of appeal, by stating 'appeal'. Any complaint letter should be sent separately. If you wish to appeal other overpayments caused by official error, this can be done within 13 months of the decision each overpayment decision letter, and these can be sent on separate letters with explanations.

Dear Sir/Madam

Re Housing and Council Tax Benefit overpayment, decision letters dated xx/xx/xxxx and xx/xx/xxxx respectively.

I have received a claim for an overpayment of the above benefits and have had both benefits reduced accordingly. I appeal the overpayment on the basis that I provided you with all relevant information requested and required to assess both benefits, and had no way of knowing the benefit award had been calculated incorrectly.

I believe you have therefore made an official error, and that the overpayment s are not recoverable.

I refer you to the Housing Benefit Regulations 2006, part 13, reg.13; which states that any overayment shall not be recoverable if the overpayment has been caused by an official error. Council Tax Benefit Regulations 2006, Part 11, reg 83 includes a similar provision.

I request that all overpayment recovery is halted until the appeal has been decided - by a first tier tribunal if necessary.

I look forward to hearing from you.

Yours faithfully

YOUR NAME