Housing benefit issue

[farmlama]

Sorry if this is long and confusing.

 

I was claiming part housing benefit from December 2013.

 

My youngest daughter started full time school in September 2014

meaning my childcare costs went down.

Being busy all the time I stupidly didn't think to inform the council of this at the time.

 

August 2015 the council wrote asking for proof of childcare costs,

I supplied these and at the same time told them of the change and apologised.

 

I knew I would have gotten an overpayment,

however when they recalculated they did so from May 1st 2014 rather than September 1st

meaning the over payment was 100s of pounds higher than it should have been.

 

I have since written and complained trying to get them to change the date that my childcare costs changed

and they are refusing to re-calculate stating that I should have told them of the change within 4 weeks.

 

I know I made a mistake and I am paying back the overpayment,

but I feel like they are making me pay back extra as a punishment.

 

I have just submitted a complaint to the ombudsmen,

but while I wait to hear back does anyone know if the council can do this?

 

At the time I was rightfully claiming what I was entitled to.

The change in childcare costs didn't begin until September 2014,

so for May-September there was no change to tell them about.

 

I could understand if my childcare cost went up and wanted them to backdate a payment that far

they might say no, but I had claimed what I was entitled to and they are removing my right as a punishment

[Shoelover]

Have you asked them directly why the date used was in May? Ask for a statement of reasons

[farmlama]

Have you asked them directly why the date used was in May? Ask for a statement of reasons

 

They are claiming that because I didn't tell them that my circumstances changed in September they have applied the change from May is all. I will write for a statement of reasons but I have been writing for months and they aren't doing anything.

 

In one of their letters they even state that I had previously provided my childcare costs on 20.5.14 so for the period in question they had the correct info

[Shoelover]

So they have applied it from the last time you provided proof? Have you provided proof of your costs May- September?

 

As regards when they increased, if you didn't tell them at the time it's treated as a "late beneficial change" and only applied from the date you told them. Changes that would make your benefit go down are however backdated. The council are not punishing you, they are just doing what the regulations require.

 

Not having a go at you, but it's an offence to fail to report a change within 4 weeks of that change ocurring, so in theory you could be interviewed under caution about it.

 

You should appeal the overpayment may- September though - providing the proof of child care costs for that period.

[farmlama]

So they have applied it from the last time you provided proof? Have you provided proof of your costs May- September?

 

As regards when they increased, if you didn't tell them at the time it's treated as a "late beneficial change" and only applied from the date you told them. Changes that would make your benefit go down are however backdated. The council are not punishing you, they are just doing what the regulations require.

 

Not having a go at you, but it's an offence to fail to report a change within 4 weeks of that change ocurring, so in theory you could be interviewed under caution about it.

 

You should appeal the overpayment may- September though - providing the proof of child care costs for that period.

 

I provided proof of childcare costs on 20.5.14, they have not even put the change from then but earlier (1.5.14).

 

I have supplied the proof of childcare costs for May-September several times since.

[Shoelover]

Did anything else change on 01/05/14?

[farmlama]

Nothing changed on 1.5.14

 

I started work in December 2013, and everything stayed the same until September 2014 when my daughter started full time school rather than half days.

 

As it wasn't a big change like changing jobs etc I just didn't think to notify which I know is my fault, but I can't see how they can use that to decide I need to pay back an extra 4 months which I was entitled to

[farmlama]

I understand that the overpayment should be backfated to September when the change happened, but what are the regulations to say they can make up a random date to claw back extra on that?

[Shoelover]

I understand that the overpayment should be backfated to September when the change happened, but what are the regulations to say they can make up a random date to claw back extra on that?

That's what you need to appeal against.. The date used of 1st May.

 

Have you been through the councils complaint procedure?

[farmlama]

That's what you need to appeal against.. The date used of 1st May.

 

Have you been through the councils complaint procedure?

 

Yes I have appealed and complained for months. I have just submitted it to the local government ombudsman so need to play the waiting game, I just wanted to check if they are right to do that or if I'm wasting my energy on fighting it

[Shoelover]

Have you been to the tribunal service with it? I'm mystified as to why the 1st of May?

[farmlama]

No not been to the tribunal service, just wrotten to them and phoned (but told I couldn't complain by phone so had to write) and wait 6-8 weeks for them to reply with the same thing.

 

I have no idea why they are using 1st may, i can only assume they are massively incompetent

[Shoelover]

You need to take it to appeal. Have they not treated your original letter as an appeal? The tribunal service can overturn all or part of the decision. You need to be very clear about wishing to make an appeal to the tribunal service in your letter

[farmlama]

I wrote saying I wanted to appeal their decision but never stated I wanted to appeal to tribunal. That just reassessed (or not) in house several times

[Shoelover]

I wrote saying I wanted to appeal their decision but never stated I wanted to appeal to tribunal. That just reassessed (or not) in house several times

 

They should have advised you of further appeal rights. When did your last appeal get turned down?

[farmlama]

They should have advised you of further appeal rights. When did your last appeal get turned down?

 

They didn't advise of further appeal rights, they just gave a 'computer says no' answer.

 

My stage 2 complaint was turned down in April. On the local government ombudsman website it says you have a year from the first mistake to go to them so I went to them rather than make the stage 3 complaint.

 

I appealed about 3 times before I made the first stage 1 complaint.

[Shoelover]

I think you need to take all your letters to CAB.

They should have made a submission to the tribunal service. You need to appeal that the decision is wrong in law or the wrong information has been used. Submitting a late appeal can be pretty technical, hence suggesting you go to CAB x

[farmlama]

So I'm still having issues with this plus additional problems.

 

I eventually managed to speak with a manager who told me they would re calculate my claim correctly, this was weeks ago and I have heard nothing since.

 

In the mean time more has happened. I started a new job in April with better pay, sent a change of income/circumstance form in along with childcare statements, tax credit letter, my 1st payslip. I then got a letter 6 weeks later requesting loads of information including 2 more payslips for my new job, 4 payslips for my old job, 3 monts bank statements for all bank accounts, my p45, proof of childcare (again) the contract for my new job. I sent all this off by the date required on the letter.

 

When they returned the documents, they sent them addressed to and at the address of my childminder (I am waiting for them to contact me as to why and what they are doing about this).

 

I then got a letter saying they need even more information from me of they will stop my claim, including a letter stating when my old job finished, another copy of the statements from my savings account (with a very low balance, I'm not fortunate to have any savings) as the print out that I got in the bank they aren't accepting (I have told them it is an original that I got in the branch but they seem to think I am lying), also they want copies of bank statements for 2 old bank accounts (one closed over a year ago and the other over 3 years ago), they also want even further proof of my childcare and for my childminder to fill out a form (the same form I already filled out with my change of income, the childminder has already written a letter stating amounts paid).

 

Is this excessive, it isn't a new claim, I have just changed jobs and have never had to provide so much. I feel like they are treating me like a criminal by not believing the things I have provided and keep asking for the same things over and over. It's really frustrating me.

[Mr.P]

When they returned the documents, they sent them addressed to and at the address of my childminder (I am waiting for them to contact me as to why and what they are doing about this).

 

I then got a letter saying they need even more information from me of they will stop my claim, including a letter stating when my old job finished, another copy of the statements from my savings account (with a very low balance, I'm not fortunate to have any savings) as the print out that I got in the bank they aren't accepting (I have told them it is an original that I got in the branch but they seem to think I am lying), also they want copies of bank statements for 2 old bank accounts (one closed over a year ago and the other over 3 years ago), they also want even further proof of my childcare and for my childminder to fill out a form (the same form I already filled out with my change of income, the childminder has already written a letter stating amounts paid).

 

Is this excessive, it isn't a new claim

 

Pop in to your bank and ask for printouts of balances on all the accounts the council. Ask for them to be printed on headed paper and date stamped. The bank should be able to generate a report showing the closed accounts and what dates they were closed.

 

Demanding the same information repeatedly is excessive and smacks of incompetence on the part of the council. I would be tempted to pen a strongly worded letter to them and suggest that some of their staff need additional training in document management.

 

As for posting confidential information to a child minder that has no rights or needs to see these documents, it goes beyond incompetence. A formal complaint to the ICO would be in order and hopefully, he will also have some strong words to say about it.

 

If your earnings now take you above the level where you qualify for HB, then there should be no need to provide the latest payslips. It might be worth your while checking with the benefits calculator to see what you are currently entitled to.