Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do This?

[Belville]

Ok so i'm not sure if I'm posting this in the correct place but here goes...

 

Sorry but it's Lo------ng LOL

 

When my husband died in may 2006 It took me a couple of weeks to get my head straight and sort out some things, My housing benefit being one of those things.

 

Approx 2 weeks after he died I called to ask what I needed to do in regards to our claim and got together everyhing including a new claim form and took it along to the HB office at the council offices.

 

After a few weeks Ihadn't heard anything so called to find out what was going on and they had no record of my claim!!

 

By this time it was the end of August /begining of September and I had to then fill out another form (I seem to have had to do this many many times over the past 15 years with this council They are always saying they haven't received forms sent to them and one year I had to send it 3times) I took this one in and this time got a receipt for it (i put it away safely but as usual too safe cause now even I can't find it TYPICAL!!)

 

They finally sorted it out in September 2006

 

I have recently found out that they have been taking an overpayment of HB (Paid in my husbands name from May '06 - September '06) from MY Housing Benefit at £9.50 per week which has caused me arreers in my rent to the tune of approx £1300.

 

They only started recovery about a year after he died and without telling me!

 

I went and saw our housing associations welfare rights officer about it and she says that they cant do this.

 

She quoted from a hand book thats says they can only recovery overpayment to one claiment from another claiment if they are both still living in the same house!

 

Well clearly we're NOT, I live in the house and Well, he live in HEAVEN ( LOL I've managed to keep hold of my sense of humour, JUST) )so we're Obviously not still living together ( Although he may not live here I swear he still resides here with all the strange goings on we have around the house (you have to laugh or you cry) )

 

ANYWAY to get to the point...

 

Does anyone know if this is right? Cause if it is I want my money back. I've paid them £683.57 so far even though I didn't know I was doing so.

 

Can I send them a SAR to find out just what has been going on? And if so how should I word it?

 

They cocked it up not me, I don't mind paying back the overpayment from those 1st couple of weeks after he died but they recon I was over paid £1085.37 and those couple of week only add up to about £240.

 

Any and all help and suggestions would be greatfully received .

 

Thanks for reading this far

Belville

[silverfox1961]

Morning,

sorry you were missed.

While I am no expert, I have had dealings with councils over housing benefit overpayments.

You could SAR them but what I'd be doing is complain, long and hard. It will be long and mentally testing.

If you didn't know this before, you will now.

 

Under the Housing Benefit Regulations, all overpayments of housing benefits are legally recoverable,

 

Unless The overpayment was caused by an official error-this means the overpayment was due to something done, or not done, by us (the Council) or the DWP(Department for Wotk and Pensions)

 

And You, or somone acting on your behalf, (E.g An appointee), or someone to whom the payment was made, (E.g Landlord), could not have reasonably been expected to know that an overpayment was being made, at the time the payment was notified or received

 

And You, or someone acting on your behalf, (E.g An appointee), Or someone to whom the payment was made, (E.g Your landlord), did not contribute to the error's being made.

 

Basically what those regulationa are sying is if you did everything to make the council aware of your change of circumstances and they then cocked it up, you shouldn't be liable for their mistakes.

You should have been notified of the overpayment before they started taking the money off to give you a chance to challenge it.

 

You need to make a formal complaint to the department dealing with your claim.

At the same time demand that they do a reassessment of your claim going back to when you originally claimed benefit.

 

Under Housing Benefit Regulation 104, and Council Tax benefit Regulation 90, they are required to calculate he amount of benefit you would have received during the overpayment period.

 

If you get no joy, what you should do is go for a stage two complaint

but this is where we get sneaky. Don't bother with the stage two and find out who the chief executive is of the council and escalate your complaint to him/her.

 

If after trying all that, you get nowhere, the only other step is to complain to the Local Government Ombudsman.

 

If you feel able, name the council. if not, you coula always PM me and I can find out some more info for you.

 

Just remember, the council have to follow the rules just as much as you or me (even more in some cases)

 

fox

[Belville]

When I informed The HB and CTB dept, that my husband had died I was told that as he was the claimant I would have to start a new claim. I asked why the original claim couldn't just be ammended with a change of circumstance and was told that although my name was on the original claim it I wasn't a claimant so would have to start again.

It's the London Borough of Merton

 

hope that info helps

 

Belville

[silverfox1961]

Morning,

That seems to be the case with a lot of councils in that they can't do something simple.

 

You can if you wish email a complaint to them but if you do so, follow it up with a letter(posted recorded delivery or hand delivered-get a receipt)

 

For future reference and to save you looking,

email address: [email protected]

 

The chief execs address:

 

Ged Curran

Chief Executive

Merton Civic Centre

London Road

Morden

Surrey

SM4 5DX

 

I'm going to alert a couple of peeps who have similar experience.

 

fox

[london NW]

Morning Belville

 

I have been alerted by silverfox, to read this post.

 

Firstly I am so sorry about your husband and it is great that you do have a wonderful sense of humour which I hope lasts while dealing with the council. They can grind you down, hope that you will drop your case and it will be a full time job fighting them but you MUST.

 

I have had an on going claim since 2001 where I went to court for nearly 3000.00. To cut a very long story short I paid this off by 2004 and then had another 2015.00 slapped on as an over payment. To date I am still trying to resolve this and although this has worn me out and I want to give in, I can't. I just won't let those b.....ds win. I imagined that if and when I won I could sue for hundreds of thousands but I realise now reading so many other stories on here that I will be lucky if I get my money back!

 

I have a brilliant solicitor now and you could probably find one too on legal aid, also I got my local MP involved. I have three MPs, two were useless but the labour one is great.

 

You have had some good advice here from silverfox and as he has so kindly said he is willing to help you as are others on here. I would start the Subject Access Request today and do not delay this.

 

Good luck and keep us posted.

[london NW]

Belville

 

Somebody helped me with my letter so am posting it here for you. Hopefully you can adapt this to suit your case.

 

I would strongly suggest that you Subject Access Request the Council yes.

Use the standard temp letter,but in the body of this I would also add the following;

 

 

As you are no doubt aware,I have ongoing issues and complaints with XXXXXXCouncil.It will be my intention to use any information that you hold on me,as part or wholly,to escalate further my complaints in support.This will include,but not be limited to;

The local Government Ombudsman.

My local MP.

Action through the County Courts, under the Civil Procedure rules small claims action.

 

 

 

That should wake a few up-it may even be sent to the Councils legal department.

 

Make sure that your request is specific.

That means asking for everything that you want to see. ie;

 

Copies of all your communications between you and them.

Screenshots of telephone logs between you and them.

Statements of your payments and account between XXXX and XXXX

Details of any manually intervened tasks.

 

 

Dont forget recorded...and keep a copy.

 

 

Since this is a government body I would add the following on the bottom.

 

 

I xxxxxxx hereby give my permission,as applicant for this request,for XXXXXX Council and its representitives/employees,to process this application.

Should you require from myself additional information to satisfy your responsibilities to supply me with this request,then please contact me at the above address.

 

I remind you of the requirement to furnish me with this information within 40 days.

 

Signed.........

 

Date............

[silverfox1961]

Thanks for looking in London. I've alerted Jackieaandwayne too in the hope more valuable info comes along.

 

I felt after all this poor lady has been through, it needs us all to help as much as we can.

 

Thanks again.

 

fox

[london NW]

NP silverfox

 

We all need help and support and this is the place to come. I appreciate everyone so much for their concern and care. Take care all, have a good day and keep posting.

 

BFN

[london NW]

oops sorry sent that message twice!

[surprise]

Silverfox pm'd me to see if daughter could help. I'm at work and I haven't had time to read the thread all through but have passed on the poster's first post and my daughter has replied "

 

If Mr was the claimant - Mrs must be the partner - did you both sign

the form?? If so you are both liable

 

Could you just answer this question and I will get back to you.

[surprise]

Hi, I've just read all your posts and I have spoken to my daughter. There is quite a bit that they should have done and she said it would be better if you were happy to discuss the matter with her on the phone. I can either pm her mobile to you or you can give me your phone number by pm.

 

For information she is a housing benefit contractor, 15 years experience, and doesn't work for any one particular council, works for herself and travels a lot. She is really helpful, she has had contact with a couple of previous posters over the phone.

 

I will leave with you if you wish to have phone contact with her.

 

In the meantime, don't let them get you down.

 

best wishes.

[silverfox1961]

Hi Surprise,

Thankyou for taking the time for the OP. Just reading her first post made me angry for her and decided that we all need to help her. From what I have gathered, she only comes on first thing in the morning but I'm on most mornings so if she needs re-assurance about giving numbers out, I'll try to put her mind at rest.

fox

[surprise]

My daughter is quite happy to give her mobile number. It would be better to do this on the phone because I know she needs a lot of answers.

 

I did mention to her that it was Merton Council and she is aware that they do have problems.

[london NW]

surprise

How lovely that your daughter is willing to help in this way. Have you read my post? hahahaha. No just kidding I am getting there with it all but would be nice to know if Westminster council are known to cause a lot of problems. If by any chance you could please ask your daughter this one question I would be very grateful.

Edited January 31, 2009 by london NW

[surprise]

London if you need any personal help just pm me. If you google Westminster maladministration claims you will find there is one which they lost. There maybe others but I will check with my daughter later on. I am out for the rest of the day but will check on posts later.

[Belville]

thank you every one for your posts

it certainly lightens the heart when you see people you dont know being so willing to help

thankyou

surprise I have sent you a pm

belville