joint housing benefit claim am i solely responsible

[rudolph]

Hi all

Does any one know if this is correct

 

As a couple we have had an over payment in housing benefit, it was being recovered from ongoing benefit

We have now split up and I have informed them and have moved out of the area.

 

Now I have been told that Im responsible for the total amount even though it was a joint claim, you are unable to make a single claim for half the rent,so why am I responsible for his half.

 

I am happy to pay back my half.

but Im left holding the baby (literally) now a single mum of 2 how and he gest to walk away with no worries, he lived there too,

 

I made the claim to make sure we had a roof over our heads, now I'm stuck with the bill and he doesn't even have to pay half,

luckily I have realised what he really is after throwing me and 2 kids out of our home.

 

I have written to the council so will just have to wait and see

but was wondering if any body knows if this is even allowed with a joint claim? it was paid into his account not mine.

 

Thanks hoping for good news.

[seanamarts]

Is he still claiming housing benefit too?

I would of thought that if the over payment was in joint names then the council should be claiming back off of both of you. I have to agree this does not sound right. Have you been in and spoken to anyone at the council about this. If not I would make an appointment and discuss this with some one and ask why the onus has fallen on you to pay it.

[rudolph]

Thanks but I don't know if he is, hopefully I will never see or speak to him again.

 

I cant go to the office as I'm now to far away.

 

Apparently its my responsibility as I was the lead claimant what difference that makes when its joint, I don't know if I could have put in a half claim I would have.

 

If anyone has any idea that would be great.

[seanamarts]

Are you still under the same council though?

[rudolph]

no, miles away.

[seanamarts]

Thats unfortunate,

So because you are the first name on the benefits, they have decided to chase you for it.

 

There is nothing in the The Housing Benefit (Recovery of Overpayments) Regulations 1997, that I can find, that states the first named on the benefit is totally responsible for the overpayment.

 

I would email them back and ask where it states that you are wholly responsible for the over payment.

[seanamarts]

DP sorry

Edited November 22, 2011 by seanamarts
double post

[ErikaPNP]

Whom the overpayment is recoverable from is covered in the Housing Benefit Regulations 2006. However, if the overpayment arose prior to 10th April 2006, it will be covered by different legislation.

 

I'm attaching to this post the Housing Benefit Overpayment recovery guide. Depending on when the overpayment arose, and how it arose, you could well have a very good case for appeal. When writing to the council, it helps if you can quote the exact paragraph to them, informing them that it comes from their own guide - this leaves no room for doubt.

HB OP recovery guide.pdf

[seanamarts]

Thanks for that Erika

[rudolph]

thank so far will keep you posted

[id6052]

although it is possible to make joint claims for some benefits, for example, income support or income based JSA, there is no such thing as a joint claim for housing benefit or council tax benefit

 

for HB/CTB claims, one person is the claimant and the other is the partner, in this case the overpayment is recoverable from you as you were the claimant

[rudolph]

this is the letter i had from the council

 

You have requested that the outstanding overpayment as stated above be split in light of

this being created on a joint claim for housing benefit.

Unfortunately there is no regulation in place that permits recovery proceedings of an

overpayment being taken against a partner.

As the main claimant you would have been made aware via our notification letters of your

responsibilities as a claimant to make housing benefits aware of changes in your

household circumstances.

As the periods of overpayment are all prior to your housing benefit ending the

overpayment is deemed recoverable from you, the claimant, in full.

We have already set up a repayment plan, if this arrangement creates financial difficulties

please find enclosed a financial statement that needs to be completed and returned in

order to re-evaluate the repayment plan.

If you have any further questions regarding this matter please do not hesitate

 

 

I have written again so will keep you posted.

[rudolph]

Hi everyone

I have just had another letter back from the council.

It says.

"although he signed the forms in 2009, the only contact they had was with me, no notification was sent to him, (even though addressed too both of us)

and due to a change in my income and an increase in child tax credits that was paid into my account. they have deiced that the overpayment cannont be split and is my responsibility.

 

this seem so unfair to me people say single mothers have an easy time, but they seem to get shafted by useless men and government bodies left right and centre.

 

does anyone know where i can get legal advise on this? as tax credits split any overpayment why are hb not the same.

thanks

[ErikaPNP]

We are not able to recommend specific commerical companies or solicitors for legal advice.

 

However, your local CAB or Welfare rights department will be able to either provide you with free representation or provide you with a list of companies which may be able to give you legal advice.

[rudolph]

Hi finally got some legal advice advice,

I have to pay the whole amount, because i have been pro active in trying to sort it out and therefore easier to chase for the money,

What a fab responce.

Just wanted to let you all know the outcome.