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housing benefit difficulty


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Benefit type changed part way through week, my benefit claims are consecutive and arrears paid.

The council have said I have an overpayment and will recover from future HB payments.

(They have have restarted HB from the next week)

 

Should HB be consecutive too?

 

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sorry, I'm not sure what you're saying, could you explain what happened in a little more detail please.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hello estellyn

Incapacity benefit stopped on my midweek payday and ESA commenced (backdated) from the day after IB.

(following appeal acknowledgement from HMCTS + fit note a couple months later)

 

Housing Benefit has restarted from the following Monday, rather than coinciding with when ESA started.

(though I was accessed for HB/CTB based on nil income for a period inbetween)

 

Therefore they state I have been overpaid a few days Housing Benefit, which they will deduct weekly amounts to repay it back.

 

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It should be a continuing claim with no overpayment - unless the claim was ended for some reason - were you informed of the end of claim and complete a new claim form? If the claim didn't end, it could just be an error, so appeal the decision.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi estellyn

Thanks for your reply.

 

Total confusion as I have conflicting dates: decision notice v overpayment.

 

I just notified them immediately of IB ceasing / nil income and when ESA in payment.

Though they stopped/suspended HB before they actioned my change of circumstances

(I received a rent arrears letter rather than any correspondence from HB)

 

They should have got my ESA claim data internally to verify my COC. (they must of used IB data in above scenario)

 

 

(no claim form was completed)

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Hi estellyn

 

Thanks for reply

 

I will do but they are so slow in acting on paperwork that they might start deducting their so called overpayment before getting round to my challenge.

 

Many Many years ago I think they would pay your rent for the week rather than daily rate. Thought this scenario wouldn't be possible.

Have had enough anguish going through ESA MR etc.

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i am a bit confused as to how overpayment has arisen if you have gone directly from IB to nil income to ESA - straight forward changes of income

 

was your original HB award cancelled? and did you have to make a new claim? in which case you may need to demonstrate good cause for backdating

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Hi id6052

HB decision notices, dated the same day: HB ends on the Sunday, (cancelled) another saying starts on the Monday (Change in income)

Then another for change in rent. (financial year)

The HB overpayment letter is my latest correspondence which makes no sense.

 

(CTB the same dates though hope no O/P letter on way!)

 

 

No new claim just COC for nil income and ESA

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without seeing the letters, might the scenario be:

 

they cancelled your award, resulting in the overpayment

 

when they reinstated your award, does this not create an underpayment that needs offset against overpayment?

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All you have to do is send in a copy of your award letter and your end of benefit letter and appeal the CoC with a change of benefit explanation that should sort the mess out for you.

 

 

You may find you will receive an adjustment letter shortly clearing the mess up and all goes back to normal so to speak

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starting point is to ask for a reconsideration of the decision and a full written explanation of the overpayment

 

if the reconsideration does not solve the issue - share the written explanation so we can advise further

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Don't forget that the CoC may take some time due to backlogs in the system and you get a letter from them asking for it to be repaid

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