stupid housing benefit yet again

[JL12345]

I gave housing benefit my pay slips when I first started claiming, this is when I began work and was updating my change of circumstances. I was being emergency taxed at the time and assumed they'd realise this as it clearly states on my wage slip the emergency tax code.

So my income was £1000 lesser emergency tax took it down to £750 so they've used this income to calculate my benefits. When my tax code was sorted out its now £1000 lesser normal tax code making it £890 take home pay. Their trying to now say that I have commited fraud, however, I did not change any of my payslips, I gave them what they asked for, they've since asked for all my payslips which are the normal tax code and obviously theres a £140 difference. Is this my fault or theirs? I thought they'd know I was being emergency taxed, they could see my actual income was £1000 before tax...... help I don't know what to say to them, how to go about arguing my case that its their fault??

[Life-Goes-On]

When your income (tax code) changed you should have informed HB.

 

Have they sent an overpayment letter?

[JL12345]

Hiya,

 

My income never changed its always been 12000 per year. My first few payslips were emergency taxed but it still shows my annual salary on the payslip and my tax code. They asked for three payslips which I gave them, at the time I was being emergency taxed, I assumed they would have known this?? My salary has not changed in the slightest, they've just written asking me to provide my latest wage slip and when I dug out my wage slips that I had given them before I noticed that they were all emergency taxed and this one is just a normal tax code. Is that their mistake for not realising I was being emergency taxed?

[Life-Goes-On]

Your wages stay the same, but your income changed. £1200/£1200 £750/£890.

 

The council wouldn't have known when your tax code changed.

 

How long has it being going on for?

 

EDIT

PS who told you about fraud? Thet can not say you have commuted fraud, as it's not them that decide.

They can say you're suspected of fraud.

 

 

.

Edited June 21, 2011 by Life-Goes-On

[JL12345]

I thought they calculated it on your income before tax?? Its been going on for about 4 months now, I honestly just never thought about it didn't think anything of it, I assumed if they had my wage slips and I never got a wage increase then there was no change of circs?? I'll have to give them a ring in the morning and see what they say, surly they must have known?? I gave them a letter from my employer aswell stating my annual income,, im worried now

[Life-Goes-On]

It does seem strange when doing the benefits calculators it asked for pre tax info. So you would expect them to calculate it correctly from that.

[JL12345]

Do you think they'll see this as fraud then? The overpayment can't be huge it's only been 4 months with a difference of about 150 in salary, even though I think its rather silly of them to be honest, I thought they'd be intelligent enough to realise i'd been emergency taxed. If theydo decide its fraud do they stop your benefit while they investigate?? I wouldn't be able to keep a roof over my head if they did that, thank you

[JL12345]

I've just gone through all my paperwork and im going to send them all of my payslips from the date i started working, my tax credit awards, my P60, a letter from my employer, a letter regarding my childcare costs, just everything really so they can sort it all out, my benefit council are forever making mistakes and have messed my claim up majorly before and it took me 6 letters and 12 phone calls from me to make them realise they were overpaying me, so they can see in the past i've really veen on their case to make sure my claim is right, what do you think will happen? Do you think common sense will prevail and they'll see that this was a misunderstanding??

[Life-Goes-On]

I would hope they see sense, mistakes do happen, and this does look like one of them.

[leemack]

Housing benefit is calculated on net income not gross. So when the net income figures changed it was your responsibility to inform them.

 

Sounds like the overpayment is relatively small, so you should expect not much more than to have to pay it back plus possibly an administrative penalty of 30%.

 

Have you had an interview under caution?

[JL12345]

No not yet, they wouldn't have noticed this if I hadn't og highlighted it so they more or less hinted that this went in my favour. I got some legal advice and housing benefit supposedly have a 30 week rule regarding this that's according to my solicitor anyway, my net income only differed slighly so I'm hoping they'll see it was a genuine error on my part and I can't see how there would have been a huge overpayment anyway, nothing worth taking me to court over anyway, is the 2000 rule they have a myth??