CTB & HB over payment - help

[sistafromanothermista]

Right, where to start.

 

Back last year my sister received a letter from the council requesting the last 3 months worth of payslips for her HB claim.

She sent these in, waited 2 weeks and was then sent a letter saying she had been overpaid HB and CTB for the past 3 yrs

Totalling £4k

She disputed this

 

when she had started her new job (3 yrs previous) and filled in a HB &CTB form

she over estimated her earning at £7ph working 22 hr per week (written manually on form)

as she knew she's be working between 16-20 per week. (new job was as a care worker various shifts not set hrs as such)

 

As she had only been in the job 3 weeks prior she only had a training wage slip (not full wages)

 

when council asked her at this stage for a wage slip she told them (verbally) that it would show a lower amount

due to it being a training wage and to take any calculations as £7ph 22 hrs per week.

 

time passes and she receives letters every so often which she glances at and as circumstances hadn't changed presumed they were correct (v stupid i know)

 

Fast forward to where we were at the start of this ramble and

 

the council wrote not only saying she had been overpaid benefits but requesting proof of income yadda yadda.

She called the council to arrange to pay back the debt as even after disputing the charges was told no, you owe us.

 

Arranged to pay back the overpayment of HB @ £10 per week.

 

When calling to pay back the CTB overpayment was told she would have to wait for a summons letter before they would look at an agreement to pay

accruing another £80 for each overpayment period (4)

 

Had no other option as they wouldn't accept anything less than the full payment without a summons letter (sounds ridiculous to me)

 

A few weeks later she received a letter calling her for a meeting with the fraud investigation team at the council, along she went.

 

They asked her lots of questions and said she would hear an outcome of meeting in 2-6 weeks.

This was feb time.

 

Heard this week that they are taking her to court at the beginning of Aug for fraud despite at this time having and keeping to an arrangement to pay.

 

What will they achieve by this?

 

being a care worker if she is prosecuted she will lose her job with this on her record and they're getting their money back now!

 

They have also told her to seek legal advice.

 

This brings me onto the CT.

 

Have heard nothing then they send her a letter asking for £80 (which she hasn't got, she had already sent 2 means test forms in to them in the past 6 months)

 

she went there today to try and sort out a plan and they have told her it's in the hands of the bailiffs!

 

 

Bit of background,

she has 2 kids,

works part time eves as a careworker for the elderly and suffers from severe anxiety and depression (I suspect it to be ME)

she buries her head in the sand (See full story above)

and at the first sight of a problem she hides.

 

She also will not speak to anyone by phone so i have to do all this for her.

 

 

I guess the questions are where does she stand?

Is she likely to go to prison?

get a fine?

and if the bailiffs come knocking due to non payment what then?

 

h she tells me she doesn't have enough money to live on let alone pay these debts...

 

As said any advice would be good as i have never been in this sort of situation so can't really offer her any constructive advice.

 

(She is however going to CAB for a 15min slot in 2 weeks to see if she is entitiled to legal aid)

[sistafromanothermista]

Any advice would be great.

[rebel11]

Hi sis

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[sistafromanothermista]

Thanks i will.

[sistafromanothermista]

[antone]

OK, I'm not an expert so I can really only make a couple of simple points. First off, we need to note that there are two separate issues here: fraud (which is a criminal offence), and overpayment of benefits (which is not). The two will be treated separately, and it's quite possible to be found not guilty of fraud but still have a recoverable overpayment.

 

Regarding the court case - she is absolutely doing the right thing in attempting to seek legal assistance. I would say this is critical. For the amount in question, prison is extremely unlikely, but she should be represented by someone who knows what they're doing.

 

Regarding the overpayment, I think it might be best to take this to a welfare rights adviser with a view to appealing to an independent tribunal. This, of course, applies only if she still believes that the council is mistaken in their calculations.