housing benefit overpayment, worried sick

[dirkfunk]

i have discovered today that i have been overpaid housing benefit since February this year.

 

i only just realised this today when a letter came asking about a re calculation. so i checked my statements and there they were 5 monthly payments since february at different times each month amking them hard to take note of.

 

it's a lesson to check my statements more carefully and regularly to be sure but i am now worried stiff about any action they may take as this has been a complete and honest oversight

 

i have no trouble paying it back in one go straight away, but i'm still worried they may take it further.

 

what is likely to happen, i'm terrified after reading some stories on here.

 

advice on next steps needed, please

 

i

[nohope]

If its an honest mistake and you have the funds to pay back any overpayment then its unlikely it will go anywhere. If they can get the money back straight away then they have no reason to pursue it any further.

 

If your still in receipt of housing benefit and they can see its an honest mistake then normally they just deduct a set amount per week from your benefit until the outstanding is payed off.

[dirkfunk]

my partner and i are back in work and as such do not need the benefit. it is such a glaring oversight by myself that it has me worried what they may think of me

should just respond to them explaining the circumstances and asking them to halt any further payments and of course repaying the overpayment?

 

i honestly dont know how to approach this

[jabba jones]

You may be invited in for an IUC once the overpayment comes to light.

 

You definitely need to stop any further payments & if possible start paying back it back.

 

Since returning to work have you paid your own rent & CT?

[dirkfunk]

yeah, every month rent and council tax is paid by myself. the overpayment is only around 5 months at a total of about £270. this was in no way an attempt at benefit fraud, just an honest oversight where i did not realise the payments had not ceased.

 

i have been completely swallowed up by work over the past few months and its just something that has slipped past me.

[jabba jones]

yeah, every month rent and council tax is paid by myself. the overpayment is only around 5 months at a total of about £270. this was in no way an attempt at benefit fraud, just an honest oversight where i did not realise the payments had not ceased.

 

i have been completely swallowed up by work over the past few months and its just something that has slipped past me.

 

Good. £270 is a small O/P & by paying your own rent & CT you've not attempted to hide your employment.

 

Report the error asap, pay off the overpayment & if the worst happens & you are called in for an IUC, hold your hands up, admit your error & apologise.

 

If this was a DWP overpayment it would be dealt with by Compliance not FIS. Individual councils have their own De minimis amounts but hopefully yours will treat this in a similar way.

[dirkfunk]

"If this was a DWP overpayment it would be dealt with by Compliance not FIS. Individual councils have their own De minimis amounts but hopefully yours will treat this in a similar way."

 

what is meant by de minimis amounts?

 

minimum?

[jabba jones]

"If this was a DWP overpayment it would be dealt with by Compliance not FIS. Individual councils have their own De minimis amounts but hopefully yours will treat this in a similar way."

 

what is meant by de minimis amounts?

 

minimum?

 

Sorry, yes it's the amount that the overpayment moves from being dealt with by compliance to fraud.

Currently DWP FIS are only bothered with prosecutions, so any first offence that looks like it will result in an O/P of less than £2000 would now normally go to the Compliance team.

 

Local Authorities tend to follow similar amounts but it's upto the individual council. I know it's difficult but I wouldn't worry about it. Sort it out & see what happens.

[dirkfunk]

so i may not be going to prison

[Nystagmite]

Very unlikely. Actually from what I've read on here, almost impossible.

[jabba jones]

If how you've explained it is correct then a Caution or Ad Pen at very worst.

[dirkfunk]

so my next step is to get in touch with them, explain to them there has been an overpayment and request how they would like it returned, yeah

[worried33]

Earlier this year when I got backdated IB it meant I had been overpayed HB, I immediatly informed them and was immediatly suspended although this was explained to me to protect me from future overpayments until recalculated. It took a while for them to accept proof my circumstances had changed but once that was done it was anothe recalculation and a letter sent saying how they would reclaim their money (took of future payments). I would defenitly contact them.

[dirkfunk]

so i should draft a letter explaining that i have discovered this overpayment, the circumstances, which are a bit embarrassingly to be honest and asking how they would like to pay it back.

 

or should i just tally up the payments and make a payment at my local office and write to them at the same time what action i have taken

 

i have no idea how to go about explaining this to them

[dirkfunk]

i have drafted this letter.

 

Thank you for your letter dated xx july 2012. It has brought to my attention something that I should have picked up on sooner. It seems that LB XXXXXXX has made 5 payments from March to July on a claim that should have ceased in February after notice given. The amounts are:

£XX

£XX

£XX

£XX

£XX

Could aLL payments please be halted asap and details of how immediate payment can be made to return these.

Please accept my apologies for not noticing this error sooner. This period has been an extremely busy time at work and it is simply something I have missed as I do not receive paper statements and do not extensively review my online account.

I hope this action can bring about a quick resolution to this matter and avoid further confusion

yours

 

xxx

 

 

do you think thats sounds okay?

[stotty1]

Hi Guys / Ladies,

 

Sorry to butt in here , my sister had an overpayment of 962 for HB and CB Benefit , and recently had an IUC from Salford City Council. She admits she has been overpaid and is willing to pay everything back , but they are trying to press ahead by saying she has committed fraud. We have some good evidence against the council aswell , because she managed to land a job with the NHS and the same day she informed DWP her circumstances changed. The DWP acknowledge this in writing and we have all evidence to back this up. She phoned Salford Council straight after , but they have no recollection of her ringing (typical). In the period of all this happening , she has been deeply distressed and been off wok with stress and anxiety. And to top things off she's BLIND , Dont the council think she's got a tough enough life as it is..

 

Just after a heads up as to weather we should decline the admin penalty that theyr'e imposing or try and fight on by rejecting this ... hope you can shed some light

 

regards

 

Stotty

Edited August 1, 2012 by stotty1

[dirkfunk]

i have drafted this letter.

 

Thank you for your letter dated xx july 2012. It has brought to my attention something that I should have picked up on sooner. It seems that LB XXXXXXX has made 5 payments from March to July on a claim that should have ceased in February after notice given. The amounts are:

£XX

£XX

£XX

£XX

£XX

Could aLL payments please be halted asap and details of how immediate payment can be made to return these.

Please accept my apologies for not noticing this error sooner. This period has been an extremely busy time at work and it is simply something I have missed as I do not receive paper statements and do not extensively review my online account.

I hope this action can bring about a quick resolution to this matter and avoid further confusion

yours

 

xxx

 

 

do you think thats sounds okay?

 

can someone give me an opinion on the above letter before i send it off. does it sound reasonable?

[ethos360]

Hi dirkfunk,

 

I had a similar oversight when I started Uni.

 

Just send the letter with payment in full if you can.

 

I'm sure it won't be a problem - you're admitting not noticing and sending the payment. I did this and it was fine!

[dirkfunk]

So I sent the letter and received a response acknowledging the overpayment . They are going to send me an invoice to pay back. It totals £513.

 

I have no problem paying. Do you think this will be the end of the matter. Or will they carry this on. There is a line in the letter talking abouy prosecution which is a bit worrying it says

 

'Any repayment or offer of repayment is without prejudice to any criminal proceedings being considered by the authority.'

 

Any thoughts on this?

[id6052]

that is a standard sentence that the council will include in all overpayment letters

 

it does not mean they are considering proceedings