Housing Benefit Problems

[paulson1985]

In October this year we received a letter from our Housing Benefit Office stating we had been over paid.

 

Now up to Feb this year my husband was in reciept of DLA our daughter was living with us at the time.

 

She moved out on 6Th March 2011 And had a baby last September.

 

I phoned the council as soon as I recieved this letter in October and they said they would look into it.

 

Out of the Blue this morning I recieved a letter from the council stating I owe £450 rent.

 

When I phoned the Benefit Office today they said it was because my daughter lived with us after my husbands DLA stopped,

she didnt she had moved out the week after.

 

 

they appear to have charged for her from Feb this year to October when I first had a letter They state I never informed them of the change and the fact that she no longer lived here, so they were entitled to charge for her. But I did I phoned them staight away when she moved.

 

I am getting basic state pension and my husband is receiving ESA support Group.

 

Any ideas what to do Please?

[id6052]

do you have telephone records that show when you contacted the council to advise them your daughter had moved out?

[paulson1985]

Unfortunatly no I dont

[estellyn]

Does your daughter have proof of where she's been living?

[paulson1985]

Yes she does estellyn

[debt4get]

surely the council record incoming calls...i know they do in my area...if you can roughly get the date that you rang in get them to listen to the calls..in fact demand it!!

[paulson1985]

I will try today Thank you

[paulson1985]

Just contacted the Housing Benefit they do not record all calls.

[id6052]

can you obtain proof of calls you made through your telecommunications provider?

[estellyn]

Yes she does estellyn

 

Just provide proof of where she was living and when, with a covering letter, and this should be sufficient to get the non dep duc overturned.

[paulson1985]

Thank You estellyn I will

[jadeybags]

This is confusing..

Now up to Feb this year my husband was in reciept of DLA our daughter was living with us at the time.

 

She moved out on 6Th March 2011 And had a baby last September.

 

2011 was last year? Is that meant to be 6th march 2012?

[id6052]

Just provide proof of where she was living and when, with a covering letter, and this should be sufficient to get the non dep duc overturned.

 

when you provide the proof, ask the council to apply UNDERLYING ENTITLEMENT against the overpayment

[paulson1985]

Yes she did leave home in 2011 but my husband was getting DLA until this Feb this year so they have applied a charge for her from Feb this year to October. id052 sorry for being a bit thick but what does this mean?

[Zonker]

In short they are asking for money for a period where the person wasnt living there. It doesnt seem right does it.

[paulson1985]

No Zonnker its not right

[debt4get]

you will need to give them proof that she is/was living somewhere else during the period they are trying to charge you for...eg a rent book, letters addressed to her at her new address etc

[paulson1985]

Yes debt4get I am sending them the information

[debt4get]

wouldnt send it, would take it down there if possible and get them to sign for it.....otherwise you could possibly end up with the ...we havent received anything situation....good luck...

[paulson1985]

Good idea I will do that thanks.

[paulson1985]

Nice I got a letter this morning from the Housing they are going to seek possesion of my home due to rent arreas all because the Housing Benefit is wrong.

[Zonker]

Sorry to hear that, hope some one can post what you need to do

 

What i do know is that they cant just willy nilly evict you , they have to go through certain steps.

 

but i have found this:

 

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/renting_from_a_social_housing_landlord.htm#the_right_to_stay_in_the_accommodation

[estellyn]

Your overpayment should not be taken from your rent account - it is an overpayment of housing benefit, and it's very bad practice for this to be done. Put in a complaint, demanding that the money be credited back to your rent account, and threaten to take the matter to the ombudsman if it's not.

 

Regarding any current shortfall in housing benefit, that you will need to pay, if you can until you get this sorted out.

[caro]

Your overpayment should not be taken from your rent account - it is an overpayment of housing benefit, and it's very bad practice for this to be done. Put in a complaint, demanding that the money be credited back to your rent account, and threaten to take the matter to the ombudsman if it's not.

 

Regarding any current shortfall in housing benefit, that you will need to pay, if you can until you get this sorted out.

In my experience this is not at all unusual. Local councils invoice housing providers where there have been overpayments, and the refund of HB is added to the tenants account. I have never heard that this is bad practice.

 

As this has been the cause of arrears I suggest you make sure your housing provider is aware of the dispute over HB. I suspect though that they will want you to enter into an arrangement to clear the arrears because it's you who is responsible for your rent. Make sure you don't offer more than you can genuinely afford because while you comply with any arrangement they won't be able to get an eviction.

[id6052]

lump sum reclaim of HB overpayments from a landlord do not constitute rent arrears

 

ongoing recovery of HB overpayments by deductions from regular payments will result in rent arrears if tenant does not pay shortfall