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Housing Benefit overpayment


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Hi,

 

So I received a letter telling me my HB was being over paid to the tune of £3.5K to my shock. My income has not changed at all and I had a review in the Autumn and they confirmed I was getting the right amount. Now they are saying they have received information from HMRC and have reduced my entitlement and told me I have to pay the money back.

 

However I'm certain something is wrong somewhere. I have not had a pay rise for years and the gov.uk website HB calculator confirms I was getting the correct amount based on my income not the amount the council are claiming I should have been receiving.

 

My benefit was stopped last year when they said they had received information that my earnings had increased but once I sent proof it was reinstated.

 

The letter they sent said it is reasonable to assume that I knew I was being overpaid but that's rubbish considering my money has not changed and I only had it reviewed last Autumn. It goes on to say that paying back the money will not prejudice any further action they may take.

 

I'm hoping they have made another mistake here but it's a bit worrying as I assumed they had calculated correctly and I don't want to end up in court when I have done nothing wrong because of a reasonable assumption basis. I've always been straight up with them and not lied or with held information.

 

Any ideas or anyone with experience with this?

 

Thanks

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Yeah I was given one and the figures they are quoting are much higher than I was paid. All I can do is show my wage slips and bank statements and hope it was a council error. How could the HMRC figures be incorrect? Does that happen often?

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Firstly, write asking for a revision of the decision providing documentation to prove your income and capital. Yes, errors happen more often than you might think - in fact there is another hmrc related error thread recently from someone who's jsa was affected.

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Might also be worth sending a Subject Access Request to both the Local Authority and HMRC. Once you have the information from both bodies, you may be able to identify the source of the error and take action to get it corrected.

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Ellie, I will start a thread for you and post a link back here and also send it to you via the private messaging service.

 

Hi All, help needed for first time user on how to start a thread on housing benefit overpayment that I wish to appeal to upper tribunal

 

 

Many thanks

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440586-Re-Housing-Benefit-overpayment-for-Ellie

 

Link to Ellie's own thread.

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Thanks all, I shall check into those suggestions.

 

I just find it a little bit worrying when they say it is reasonable that I knew about this. It certainly wasn't to me. Especially as they had stopped my benefit last year citing that they had information my income had changed and once I sent in my income details they reinstated the claim back to £5 less than what I was getting so it didn't raise any suspicions that I was getting more than I should have.

 

I have put in my income details from wage slips on the direct.gov site and it's tallying up with what I have been getting. It's something I did when the claim was stopped to check and it came up with the same result.

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