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JanD1960
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Posts posted by JanD1960
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Basically I completed a claim form in July 2010 stating my earnings as £722 nett pay
As requested I enclosed my last two payslips which showed £626 nett pay (BR tax had been applied).
Benefits office calculated benefit on the amounts on the payslips, which I was unaware of until I recently received a copy of all paperwork.
I did not understand the award letter so assumed the calculations to be correct and made rent and CTax payment amounts as shown. Following award letters I treated the same- paying what I was told I had to pay.
After a benefit review in Dec 2012 I was told I owed over £2,600 housing benefit and over £880 in CTax benefit.
Bearing in mind my income in July 2010 was £722 nett and only reached the sum of £785 nett in Dec 2012 after a 3% payrise, I wondered how this huge amount of "overpayment" could have happened!
It is only now, after failed appeals and requesting a tribunal hearing that I understand how these amounts came about, that they used the payslip figures rather than the declared figure on the form. I know this now as I have copies of original claim etc.
I have been told that I should have spotted their error from the very first award letter which states "weekly income".
I understood the "weekly income" to be an amount that can be taken into account for benefit purposes and not literally my "weekly income".
I also hope to argue the "Notify us of any changes in CIRCUMSTANCES" statement at the bottom of letters as my circumstances had not changed - I was still only working two days a week and living in the same council flat. WHY don't they say "Changes in Income and/or circumstances"????
I am fully aware NOW that as my income increased, either because of a miniscule pay increase or annual budget tax code allowances being increased, I should have informed the benefits office.
Is there anyone out there think I have a chance of winning my appeal? or can advise me of how to present my case at the tribunal??
Please??
Jan
Benefits office did not use the amount stated on my claim form
in Benefits and HMRC
Posted
Thanks guys, I know I have a slim to NIL chance of winning this but feel I should at least try.
The reason the payslips were different to the amount on the form is because I had been made redundant from one job (the one where my tax allowance was used - the remaining job was at basic rate tax, hence the low nett pay).
I'll give it a go, it MAY help others who don't fully understand the system etc.
My additional argument is why bother with asking on a form if the information is disregarded?
All I wanted was a helping hand while I found more work, now I have found more work I'm landed with a £3,500 debt!!
It surely doesn't pay to be a hard working honest citizen![:(](https://www.consumeractiongroup.co.uk/uploads/emoticons/sad.gif.b6b1cf63fadafab5329ecea4ea4d55dc.gif)
I'll post the result of the tribunal (which may not happen for a few months yet as I don't even have date!)