Housing benefit overpayment

[fazerman67]

Back at the begining of August I was claiming jobseekers, which ended at the end of August when work started coming in. During this time I received housing benefit and council tax benefit. What I didn't realise until December when I got my rent statement, housing benefit was still being paid. I have now received a letter saying I must pay back over a £1000 because of the overpayment, and have also received a letter demanding repayment for council tax. When I called them to enquire why housing and council tax benefit hadn't ceased when I signed off, I was told it was because they hadn't been informed. Nobody told me it was my responsibility to inform them. I have been told today that it is their mistake and I shouldn't be liable for this overpayment. Does anyone know if there is any truth in this, and if so, what should be the next steps I take.

[RaeUK]

hi fazerman.

As far as I'm aware, when you apply for HB and CTB you sign a declaration that you will notify them of any changes.

If you had done that and they still continued paying then it would be their error.

Best wishes

Rae.

[fazerman67]

thanks rae

[MIKEY DABODEE]

When you sign of JSA usually a notification is sent to the LA from the DWP to tell them that the claim has ended. But this doesnt always happen and it is up to the customer to notify the LA of any change of circumstance eg starting full time work.

 

So unless you informed the LA that your claim to JSA had ceased and they then continued to pay you housing benefit then unfortunately you are liable to pay back the housing benefit thats been overpaid to you

[RaeUK]

thanks rae

 

Sorry it wasn't better news

Best wishes

Rae

[Zamzara]

Under regulation 100 of the housing benefit regs, any overpayment of housing benefit is recoverable unless specified conditions are met (the situation is analagous for council tax benefit).

 

The conditions are that the overpayment was caused by official error, the claimant did not contribute to the error, and the claimant could not have reasonably known he was being overpaid.

 

In thise case, if you did not inform the council, that JSA had ended then it will be recoverable, as there is an obligation to notify this change.

 

If you are still entitled to housing benefit or council tax benefit due to low income, then this must be considered for the past period and offset against the overpayment.