East Riding of Yorkshire Council Overpayments

[Big Boss Man]

Hi

 

Has anyone had any problems with housing and council tax benefits, particullar with overpayments ?

 

Many thanks in advance for your comments.

[Big Boss Man]

Hi

 

Ive recently been informed that i recieved an overpayment of housing and council tax benifit for a short period last year.

 

I had given the council all the infomation requested, still i have recevied this overpayment, i was only aware that i was receiving what i was entitled to !

 

Ive put in the relevent appeal, this has been turned down, the next stage is a tribunal hearing.

 

Any comments would be appreciated, thanks.

[Zamzara]

The general rule is that all overpayments of housing and council tax benefit are recoverable, unless the overpayment was entirely caused by official error and you could not reasonably have known there an overpayment.

 

This has been interpreted by case law, the leading case being CH/2554/2002 to mean you could not reasonably have been certain that there was some element of overpayment, even if you could not have known the exact amount.

 

Have they said what caused the overpayment?

[Big Boss Man]

The general rule is that all overpayments of housing and council tax benefit are recoverable, unless the overpayment was entirely caused by official error and you could not reasonably have known there an overpayment.

 

This has been interpreted by case law, the leading case being CH/2554/2002 to mean you could not reasonably have been certain that there was some element of overpayment, even if you could not have known the exact amount.

 

Have they said what caused the overpayment?

 

Thanks for your response, i was initailly told that the overpayment was caused by a delay in the sending of payslips into the council, i have since been notified on the appeal letter that this was due to my partner receiving Stat Maternity Allowance and they was not aware, in any event i have told the council that i have provided all the information they requested and i also provided details of the change in circumstance, i have also got receipts confirming this, but they still want to go to Tribuanl.

 

My partner wants us just to pay but it is a matter of principal, my family and i have also been harased by a DCA in relation to this debt, this has lead me to join this Website.

[Big Boss Man]

Update - Received tribunal paperwork from Local Authority, now waiting to hear from the Tribunals Service with confirmation of date etc.

[Big Boss Man]

Update - Received Tribunal date scedulled for Sept 2009, just preparing my defence now, any advice greatly appreciated.

[Big Boss Man]

UPDATE - Received confirmation of Tribunal date, which has been brought forward to next week, because of some one else backing out !

[angryandy]

You say the council had all relevant information. How long did this so called 'overpayment' go on for. If you can prove that you give the council everything they needed to make a new claim on your entitlement then you should win.

 

I am in the process now of claiming for damages off my council as they were asking for £850 H/B overpayment and wanted near enough £150 a month council tax. My income was very moderate to say the least and if it were not for me appealing and winning me and my family would be in the crap now.

 

They harassed me for three months for payment that wasn't owed and threatened legal action if it wasn't paid in full.

 

Stick to your guns and lets see what happens.

 

Goodluck

[Big Boss Man]

You say the council had all relevant information. How long did this so called 'overpayment' go on for. If you can prove that you give the council everything they needed to make a new claim on your entitlement then you should win.

 

I am in the process now of claiming for damages off my council as they were asking for £850 H/B overpayment and wanted near enough £150 a month council tax. My income was very moderate to say the least and if it were not for me appealing and winning me and my family would be in the crap now.

 

They harassed me for three months for payment that wasn't owed and threatened legal action if it wasn't paid in full.

 

Stick to your guns and lets see what happens.

 

Goodluck

 

Thank you for your comments, ive got all the information ready ! basically this overpayment relates to a 5 month period during 2008, the council has accpeted a late appeal from me due to health reasons.

 

My partner informed the LA in April that she was receiving Maternity Alowance, the LA never update there records, we checked with the LA on a number of occasions that the amounts we where receiving are correct, the LA informed us everything was ok !

 

A similar occurance has occured 2 further times, relating to information that the LA has not processed accordingly, which has caused overpayments, very minimal, but it is principal.

 

I will update the thread accordingly, when i have won, hopefully !

 

PS - You have stated that you are pursuing your LA for damages, have you got a thread about this, as i am interested in doing the same thing ?

 

Good luck with your case.

[Big Boss Man]

UPDATE - I attended at the Tribunal hearing earlier last week, here is the update as stated by the judge:

 

The decision of the LA is set aside.

 

The Appellant has received an OP of HB and CT, arising from the delayed provision of information relating to payment of Maternity Alowance.

 

The tribunal finds the appellant supplied info about his earned income in a timely fashion and that the LA, in official error, failed to deal with that info, the OP of Benefit resulting from that official error arose in circumstancies such that the appellant could not reasonably expected to realise that there was an OP, and the appellant did not cause or materially contribute to the official error.

 

The LA is directed to calculate the sum of OP arising from the delayed notification of MA, such sums being recoverable. That sum is recoverable subject to Liberty to Apply.

 

- Sounds a little confusing, but i pressume the LA will reissue the bill and i will have to appeal again, this will then be written off, as an official error occured, or the LA may intend to appeal against the judges decision.

 

Thanks for all your help in this matter, any further comments and help would be greatly appreaciated.

[Big Boss Man]

UPDATE - i have now received the information relating to this matter, as the LA failed to provide a recalculation, i had to appeal again.

 

The appeal was heard, even though the matter was reserved for the same judge, another judge heard the case, after hearing the case the judge informed us that the LA had done nothing wrong.. strange.

 

Ive been told i can not ask for a statement of reasons, i have therefore forwarded a letter of complaint to the tribunal service, with a number of issues in the way in which the tribunal was carried out, with a view that the tribunal is heard again.