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Housing Benefit & Council Tax Over payment! Admit there fault Clerical error

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Hi All, Back in October this year I had a letter from councile saying I had been overpaid on both Council tax and housing Benefit

 

Well I immediately got on the phone to sort the problem out, which then I was advised it was a problem within there system, and I had nothing to worry about! Great!

 

Well then a few days later a letter confirming it was there error and no money owed! and all monies put back to where they should be.

 

Also had a form to fill in with all who was living here and income for them, which I duly filled in, gave all proof as required, This is the same proof I provided a year earlier!

 

4 phone calls in the mean time to confirm my entitlement was all in order and I owed nothing! again Great!

 

Well letter today saying I owe £500+ in HB and £160 in Council tax, and to recover HB, they intend on taking over £10.65 pw from the benefit, which would mean, I have to make that £10.65 up to keep my account in order!

 

But I would presume I would also be liable for the amount of £12.40 pw, as the daughter still lives with us!

 

 

Right on to my question, If they made the error over the whole year, and giving the facts that i gave all the correct information, Why should I be liable to pay for there mistake!

 

Now they know they have made an error and I know I have to pay, I don't mind paying from now!

 

I had asked the 4 times I called if it made a difference with my daughter living here, and claiming for her children, the reason was she was placed here via Children Services, as she needed help to care for the Grandchildren!

 

They knew of our circumstances for the outset, they knew the income from the outset, So surely as it's there mistake should I be expected to pay the arrears, because if it was done correct from the outset we would of paid anyway!

 

Do we have any template letters for this kind of thing, as I cannot find anything, or is it just a case of drafting one up explaining thier system and staff made the faults and I should not be liable for arrears but liable from now!

 

Any help or advice is appreciated and will be taken on board to make my own decision!

 

Thanks

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It would be better to keep this kind of thing in writting as you are unlikely to speak to the same person twice.

 

You can simply write a letter of appeal regarding the deductions and the reason for them., lay out what has occurred in chronological order and state what you believe is right.

 

Google the name of your councils CEO, most council sites have a direct contact address or e-mail address for the CEO.


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what was the error that caused the overpayment?


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what was the error that caused the overpayment?

 

 

They state Clerical error!

 

Was told on phone now they all the info of the household, they have made this decision!

 

They have had all the info from the start, and also supplied again during the year!

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Have a look here which is a link to the overpayment regulations and look at section 100 with reference to "official mistake". Quote this to them and they will probably back off.

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