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Overpayments of housing/council tax benefits


luckyinlove
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My husband lost his job in May 2009. In august of that year I applied for the above benefits, which I was told I would be able to claim. An award was made and came in each month, no probs. In July 2010 I received a letter stating the award for the coming 12 months, again no problems.

 

In December 2010, I received a letter asking for evidence of my income, which I duly supplied. As there had been no change, I could see no problem, assuming it was some form of spot check.

 

After Christmas I received a sheaf of letters stating that I wasn't entitled to receive either benefit. Not only that, but they want a refund of £2,450 housing benefit and £1,045 council tax benefit, going back to the date of my original claim.

 

I simply do not have the money. I have appealed the decision, but I am scared silly as to what I will do if they demand repayment.

 

I earn (net) £680 per month from 2 jobs. This is all we have coming in, apart from tax credits, to live on. Once my rent and council tax have been paid (assuming I receive no further help) £600 of that will have gone straight away. Then we have gas, electric, water, school dinners, etc.

 

How can I pay them £3,500 arrears back and still be able to live?

 

Anyone who has been through this any advice would be appreciated, please because it's keeping me awake at nights and my husband is ill and this isn't helping at all.

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Thread moved to the benfits forum. Hopefully you should get some help soon

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Firstly you have to ask them how they came to this calculation. If you supplied all income form the start and nothing has changed since then there is a good chance you can get it written off as it is their error.

 

if they uphold the decision they will come to a reasonable arrangement for repayment. Good luck

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Hello. I have a few questions to ask you so that I can determine the circumstances before I can give any proper answer.

 

In their letters, what have they given as the cause of the overpayment?

 

When you first claimed, did you declare all your income from earnings, benefits/tax credits and capital, and keep them updated of any changes to your finances and your circumstances throughout the claim?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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Yes, there were no changes, they just say it is money I was not entitled to. It's a privately rented house, unfurnished, been here for tem years. We have no savings and the only assets are normal household items and a car that is on finance.

Edited by luckyinlove
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IAs you have not misrepresented your claim or failed to declare a material fact, I can only conclude that the overpayment has arisen from official error. For housing benefit/council tax benefit where the overpayment is as a result of official error, it is only recoverable if you could be reasonably expected to realise that you were being overpaid.

 

Section 100, housing benefit regulations 2006.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Antime - hope it all works out for you

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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  • 5 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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