At wits end

[looby0204]

I received a letter re housing benefit last week to say I have been overpaid. Couple of days later I receive another to say they want to interview me under caution to find out why I have been overpaid. I phoned the council as I was in a complete state, they said it is because the figure is over a certain amount and needs to be questioned. I have racked my brains and the only thing I can come up with is that my tax code changed during the year, so if they use net wage and not gross wage (as I thought they did), this would be the reason why.

 

I am totally distraught, my job will rest on the outcome and then inturn I will lose the roof over my head as I wont be able to afford it. Im not eating or sleeping, Im ratty with the kids and cant stop crying and still have until the 4th Feb before I attend the interview. I just dont know how I am going to get through...

[honeybee13]

Hello there and welcome to CAG.

 

This is probably nowhere near as serious as you think. We see it all the time here and often there's a simple explanation. You just need to tell the truth and co-operate. There don't seem to be many people on the forum this evening, but I'm sure you'll get some more answers. And you could have a read of other threads and see how other people have coped and what advice they've been given.

 

It's not going to ruin your life and you're by no means the only person this is happening to.

 

Have you talked to the CAB? That's another option you have.

 

You're going to be OK, hang on until people with more knowledge than me turn up.

 

HB x

[looby0204]

Thank you for your reply honeybee. Dont know how much more stress I can deal with though. Im a single mum work hard to support my family, studying to try and better myself, had a cancer scare last year, mum was very ill in hospital and now suffers severe depression. Apologies for the whinging but I am so scared..

[honeybee13]

Don't apologise, we're here to help. You'll get more replies and people will explain the system to you. If you did nothing wrong, there really isn't much to worry about.

 

Do your best to keep it in perspective, difficult I know, but what does panicking achieve and hang on for more replies.

 

HB x

[looby0204]

Thank you. Things now seem worse, been going through my payslips from the last year and there are a couple with extra income and I completely forgot to inform them. Now they definitely will wipe the floor with me. Hardly slept last night, had a dreadful day today, can things get any worse. x

[leemack]

I understand that you're worried, but I'm pretty sure that getting a housing benefit overpayment doesn't mean you lose your job. Take things one step at a time. Go to the interview, give all the info they've asked for, and answer all questions truthfully. It may then take them weeks or months to decide if you've been overpaid and by how much. If you're found to have been overpaid, find a welfare rights adviser who specialises in benefits to check its been calulated correctly. It may well be that you have a small overpayment and they just take it back weekly from your current housing benefit award. Its a long process and staying this anxious for weeks or months won't do you or your children any good.

 

Firstly, to see what the scope of the overpayment might be, add up what you don't think you declared (so anything over and above what they're taking into account).

[ptol]

I understand that you're worried, but I'm pretty sure that getting a housing benefit overpayment doesn't mean you lose your job.

 

Hi leemack,

 

If you work for Sheffield city council, and you claim Housing benefit and council tax benefit, and they decide that a claim was fraudulent, they WILL dismiss you for it.

 

At the point when the benefits team raise a possible overpayment with you (i.e. without any claim of fraud), they also have a track record of being very nasty about it, making it clear that they consider your job is at risk. A very stressful experience. I know one instance where a fraudulent claim was put in by a employees partner without his knowledge as revenge for his infidelity. He was sacked for it on the basis that he had benefited from it.

[leemack]

I said overpayment NOT fraud, there's a difference between an overpayment and fraud, and putting someone's job at risk because of an overpayment is asking for a visit to an employment tribunal. 50% of the overpayments I've seen are due to errors on the part of the LA - some of which are difficult to prove - for instance a client posted their paperwork in and received back a plain compliments slip with the returned documents. The LA claimed never to have received the documents and said that all their employees would never make a mistake and forget to stamp the compliments slip (yeah, sure).

 

looby, what type of work do you do? Do you work for the council? If not unless you end up with a fraud conviction, your employer won't know if you have an overpayment. If you work for the council, and get an overpayment but don't get found to be fraudulent, get yourself a good employment adviser to argue your case.

[looby0204]

I work for the prison service which just makes everything so much worse, work have been notified by myself and are being very supportive. Have done some calculations not that Im clever at working out their workings and it looks like the overpayment might be in the region of £1200.

[Surfer01]

Why don't you use http://www.entitledto.co.uk and enetr your details to see what you are entitled to regarding benefits. You cna do it on a weekly, monthly or annual basis. if you want to do it weekly, then each time instead of starting from the beginning, just go to the income page and work forward again. A bit tiresome but at least it will give you an idea if there has a been an overpayment. It is easy to forget to update them if you get an extra £20 in your pay packet and I doubt if they will look on it as fraud. Have a good night's sleep..

[looby0204]

I wish it was an odd £20, its a lot more than that and it was back pay for some work I had done earlier in the year. They have told me I have been overpaid £775 but then when going through paperwork, I realised I hadnt informed them of the increase in income for a couple of months, so working on the basis of what they told me I had been over paid, the figure has come out about £1200 (my working out). I have all wage slips, bank statements and tax credit awards to take with me on Friday (4th). Ive got nothing to hide, completely understand that they need to interview me about this. It wasnt until I sent in payslips in December for review and the received the letter for overpayment did I even think about it

[leemack]

From what I understand, £1200 overpayment would generally not result in a prosecution, and it would just be a case of paying the money back - this can often be done weekly out of your ongoing award.

[looby0204]

thank you leemack, really appreciate your response.. Just had a work colleague on the phone and have been told off, Im fearing the worst, ie I will go to jail, lose my job etc etc and she said that Im completely throwing this out of the water, I have made a genuine mistake and that Im beating myself up so much over it. Dont know what I would do without my frends and forums like this x

[leemack]

Its easy to imagine the worst, but most times the worst doesn't happen. But making yourself miserable over what might happen doesn't help. Listen to your work colleague and give yourself a break.

[IdaInFife]

That's why i email my wage slip every month to the benefits office. I have been hit for an over payment before and it was a nightmare, then when i was eligable again i decided to keep them updated each month.

 

Some advisors reply saying i donlt have too but my wages are never exactly the same each month so i just advise them i am happy to continue on a monthly basis. It does mean the maounts differ each month but at lease i know they are updated.

[weeteddy]

Hello

New on here but do have some experience ith overpayments. I have accompained lots of people who have been asked in for and interview under caution. It is a bit scarey as the tape the whole interview but they have always been very nice to my clients and tried to reassure anyone who was nervous etc. They will present the facts to you and ask for an explaination. This then goes to a decision maker who decides the outcome. It really is a small amount compared to others and i really do feel you have nothing to worry about. They will ask you to pay the money back and you can negotiate who much etc.

[looby0204]

Thank you for your replies, they have helped immensely. How long will it be before I find out what they are going to do with me, will it be weeks, months??

[weeteddy]

the ones i have attneded have been told the outcome in a few days - depends on your area and how busy they are. Dont worry too much please. Your just a small fish in a great big pond!

[Afraid11]

How did the interview go?

[looby0204]

It went ok. The investigator came and had a chat with me in the waiting area before I went in for the taped interview and told me not to worry everything will be ok. I had my friend in with me and he asked questions about my claim and that I had had an increase in income and was my responsibility to inform them straight away, which I had totally forgot to do. After the interview he said that I had been totally honest and held my hands up. It will take up to 6 months to get the outcome, He is 95% sure I will just get a caution, if not a 30% penalty. His last words to me were, go away eat a decent meal, get some sleep and move on.

 

After the interview I should have been less stressed and upset, but I had to come home ring the vet and take my cat to be put down, total devastation. I dont ever want another day like February 4th 2011 again xx

[looby0204]

Hi

 

I would like to say thank you to all who have helped me via this forum over the last few traumatic weeks. Went for my interview under caution 4th Feb, was told it would take up to 6 months before I heard anything, looked like I was going to get a caution or a penalty. Had a message on my phone on my return from work on Monday(7th) to say could I call my investegator. It was late so I called him tuesday, I was informed that they are going to give me a warning, received the letter this morning - case closed. What a relief. So to all of you worrying like mad, Im not going to say dont worry cos you will but there is hope. Thank you once again xx

[jadeybags]

That's good news, glad you updated the thread, had been reading it for the last week or so. I got my overpayment letter today saying I owe 1200, my compliance officer had told me over the phone on wednesday what it was & said she has had a word with the woman that does the interviews under caution & explained how she could see how shocked I was when she told me how much less they had me down for earnign per month & because it is my first job since being on income support, I didn't realise it was up to me to provide 2 payslips, I didn't realise they work it out on payslips, I thought the fact I had given them my work contract was enough to work out my benefit.

Trouble is I still think something is amiss, when I input my up to date weekly wages into the benefits calculator on line, it's not adding up.

I am still waiting for my award letter that tells me what I need to pay towards my rent, & i'll get my dad to have a look at it, but at the moment I am thinking there will be more overpayment then I will be taken to court.

I just want out now, it's too much

Doc gave me Diazapam last week because I was thinking I would get taken to court. But he will only give me 9 days worth & said I cant be on it longer than that. If I have to go to court I am worried I wont be able to face that, & I worry about my children & what will happen to them.

I didn't even have to go back to work when I did, I was getting bored at home, but I so wish I had not bothered now when you're on income support it's all sorted out for you.

[honeybee13]

Hi Looby, that's good news. Thank you for letting us know and giving hope to other caggers who are on the same road.

 

My best, HB