Notice of overpayment help needed please

[sourplums]

Good Luck Sourplums

hope all goes well.

 

Hopefully Ericas link will help with the overpayment,

 

I think they have just found out you are entitled to SDP and if your circumstances have not changed, why is this ?

You may be entitled to arrears and these can be backdated to the date that you were first entitled to it.

 

SDA and IB are roughly the same.

I can give you a calc if

a I know the rate of your IB

and the date you got the letter telling you that your claim was closing as you had excess income because of your SDA

Soon after they realised they had combined your DLA by mistake and that you were entitled to SDP

You must have filled out a form an IS 10

 

Your DLA should be paid weekly or monthly now, and your I,S and SDA fortnightly, they shoud NOT come together

Thank you Mikey for the kind words:) My IB rate is £105.45 and this other thing that replaced my IS although it still says on the letter"total ammount of IS we will pay you is £39.20, total is £144.65 per week or roughly £288 per fortnight, the following fortnight i recieve my £288 + £240 which is my DLA for the month.

 

I recieved the letter telling me my IS will change on 12 Sep 2009 and it basicly said " This means from 5th Aug 2009 you are not entitled, this is because you have more money than the law says you need to live on." it's after this i recieved the letter saying i could apply for SDA, which was filled in and sent away, couple of weeks later recieved a reply back saying i was awarded £39, but any letters recently still say the SDA i was awarded is IS, don't know if that helps or just confuses things anymore.

[sourplums]

Bit of a downer today, went along for my appointment and person who was to see me has taken today off sick and might be off for a week, so girl is trying to arrange for me to see someone else and will call me on Thursday,suppose these things happen.

[MIKEY DABODEE]

dont be down you will sort it I will look at your figures and post later

[sourplums]

Thank you Mikey.

[MIKEY DABODEE]

OK think this could be near,

Sometime in 2007 DLA thought that I.S had decombined your DLA.

This means that DLA put your DLA into payment because they thought I.S had stopped paying it. This was a common practice because it saved the department money. What probably happended was that DLA wrote to I.S in 2007 and told them to stop paying your DLA but it looks like this was not done and I.S carried on paying it untill 2009. DLA thinking that they had stopped paying it started to pay you as well hence your overpayment

All cases were stopped being combined by 2008 so you slipped the net somehow again

 

Did You have a change to your DLA during 2007 if not then the above happened.

 

THis is how your benefit has been worked out before 5 August 2009 thats the date the above was noticed your Income Support was worked out like this

 

for your self £64.30

Disability premium £27.50

your DLA care £47.10

Mob £18.65 total all together £157.55 minus your IB £105.45 leaving IS to pay you £52.10 per week

 

Which was of course wrong because your DLA should not have been paid by them then

 

Then 5th August 2009 they realise their mistake and this is your new entitlement

 

for you £64.30

DP £27.50 total £91,80 less your IB £105.45 due no I.S thats when you get the letter saying your claim to I.S has closed

 

Then someone realises you may be entitled to SDP they send you the form you complete it and you are entitled

so this is you now for IS purposes

 

for you £64.30

DP £27.50

your new SDP £52.85 that they are just awarding

 

total I.S due £144.65 minus your IB £105.45 I.S due to you now £39.20 per week

Your correct entitlement

 

The questions that have to be asked now were you entitled to SDP before they realised their mistake

the date it has been awarded from is 12th Septemeber 2009

but where you due it earlier.

 

Have your circumstances changed if not you could be due arrears of this SDP?

 

I have tried to give you some figures here and they could be near to whats happened but you when you see your expert, hopefully they can confirm or when they have your letters to hand tell you what has happened if different to the abov

Edited November 30, 2009 by MIKEY DABODEE

[Surfer01]

I came across this in the event they do not accept it as an official mistake. It may also be help to others who have to pay back an overpayment. Hopefully Erika can confirm whether it is correct.

 

 

The local authority can deduct overpayment debts from ongoing entitlement to housing benefit. As of 2008, this rate is a maximum of £9.10 per week, plus half of any 'earned income disregard' which applies to the claimant's income. This means that the maximum standard deduction could be £21.60 per week, if an earned income disregard of £25.00 would normally apply. The only exception to this is in overpayments where the claimant has been convicted or has admitted to fraud, at which point the overpayment can be recovered at a maximum of £12.00 per week plus half the earned income disregard. However, the recovery amount may be reduced at the Local Authority's discretion if the claimant is suffering hardship.

The recovery amount from ongoing entitlement is affected by the amount of weekly normal entitlement. The minimum housing benefit that can be paid, regardless of overpayment recovery, is 50p per week. For example, if the entitlement is £7.50 and the overpayment recovery level is £8.70, the claimant will receive 50p every week until recovery is complete with £7.00 going towards the overpayment.

If the claimant is no longer entitled to housing benefit, the local authority can also send the claimant an invoice for it. If the claimant doesn't pay, the local authority has roughly the same legal means to recover it as other unsecured creditors, such as credit cards and utilities. Unlike council tax debts, the tenant cannot be put in prison for non-fraudulent overpayments. The Council does have the ability to use an accelerated County Court process for the recovery of overpayments.

A Council may also seek to recover Housing Benefit overpayments from other Social Security Benefits or Housing Benefit payments made by other Local Authorities.

If the housing benefit was paid directly to the landlord, and the landlord is expected to have been aware of the overpayment (such as failure to disclose ineligible service charges, benefit exceeding the actual rent, and benefit paid past termination of tenancy or tenant's death), the local authority can hold the landlord liable for the overpayment either instead of or in addition to the claimant.

Housing Benefit overpayments may also be deducted from Housing Benefit paid to another tenant of the same landlord. (Innocent Party Recovery). The law requires that the Landlord treats any deduction made against the innocent party as not having been made.

For council tenants, overpayments may only be posted to a rent account where the Council is able to separately identify re-payments of overpaid benefit to payments of rent. In practice, sue to system design Local Authorities only post to Rent Accounts at the end of a tenancy and or where there is a credit on the rent account.

[Surfer01]

Secondly can any one give me a link ot the Housing and Council tax Benefits Regulations with all the new amendments particularly relating to extended benefits. I can find the original 2006 HB etc regs but not the one with the amendments.

[sourplums]

Hello all again it's been a while,just thought i would pop back and say thank you for all your kind help in regards this matter, had my appointment today at long last(extremely busy) gentleman that i seen has now sent a letter of appeal and faxed them a copy also and says to just wait to see if i hear from them fingers crossed.

 

So thank you very much for all your kind help which was extremely grateful, anymore help i need or anyone else that i know who requires help i will point them in the direction of this fantastic website.

 

Thank you:)

[MIKEY DABODEE]

Hello all again it's been a while,just thought i would pop back and say thank you for all your kind help in regards this matter, had my appointment today at long last(extremely busy) gentleman that i seen has now sent a letter of appeal and faxed them a copy also and says to just wait to see if i hear from them fingers crossed.

 

So thank you very much for all your kind help which was extremely grateful, anymore help i need or anyone else that i know who requires help i will point them in the direction of this fantastic website.

 

Thank you:)

 

 

Good luck with your appeal and hope it goes well