Housing benefit-can I claim for this period?

[Ric Tic]

Good afternoon all, I'm hoping someone can help with regard to a housing benefit issue.

 

I am currently employed by the NHS but have been off sick with a serious condition for quite some time. I believed I would get sick pay for 6 months and until recently I did get a flat wage. However, when I checked my pay last month I had only received £41. I called payroll to investigate. They advised that due to an audit, they had discovered they had been overpaying me and that my sick pay should have stopped in January! (My length of service meant I should have got full pay for 2 months and then half pay for 2 months) Also that SSP should have stopped in April. They said they would send me a form SSP1 to enable me to claim ESA. This they did and I've made my claim successfully.

 

A week or so later I got a letter from payroll advising the details of the overpayment (£2500)which they want paid back within 18 months following my return to work.

 

My question is this....If they hadn't overpaid me, I would undoubtedly have claimed and received housing/council tax benefit for that period. Since I have to repay the overpayment, is there any way I can claim this 'lost' housing/council tax benefit back? If not, do I have any claim against my payroll dept? To my mind they've cost me 4 months rent and council tax!

 

Any help or advice will be greatly appreciated.

 

Paul

[Mr.P]

My question is this....If they hadn't overpaid me, I would undoubtedly have claimed and received housing/council tax benefit for that period. Since I have to repay the overpayment, is there any way I can claim this 'lost' housing/council tax benefit back? If not, do I have any claim against my payroll dept? To my mind they've cost me 4 months rent and council tax!

 

You have nothing to lose by putting in a claim for backdated HB & CTX. The rules state that a claim should (not must) be made within four weeks and also allow for a degree of discretion by the local authority. There is a chance that you might get a claim back dated if you can appeal to their good nature.

 

As for £41 for a month's pay. In your shoes I would be contacting the local union rep and putting in a grievance aainst the pay roll department. If they are making deductions, they should be leaving you with something to live on, and £41 is barely enough for one week, let alone a whole month. If you had been working for the period in question, the employer would also have fallen foul of the NMW regulations.

[Ric Tic]

Thanks Mr.P! I'll get on to the council asap. Appreciate your comments about the union etc too...that £41 was actually a tax rebate...so I'dve had nothing otherwise! Just to add insult to injury, the council asked for payslips but as payroll hadn't sent me any since I've been off, I had to call to ask for duplicates. They said they'd send me the last one(May) free of charge but for April they charge £15...unbelievable!

 

Paul

[Mr.P]

[...] payroll hadn't sent me any since I've been off, I had to call to ask for duplicates. They said they'd send me the last one(May) free of charge but for April they charge £15...unbelievable!

 

Another one for your union rep to deal with then. Payroll should be issuing pay slips without being asked and without charge. If they didn't send one out in April and are asking for a £15 "fee", then they need to be reminded of their obligations.

[ericsbrother]

you can ask, the HB can be backdated for up to 6 months if there is a good reason for the late submission. Generally though, councils try to save maoney by not accepting any backdating and you may well have to appeal, where your chances will depend on interpretation of how the overpayment affected you as they may well include it as income anyway. ( they have been known to force people into bank overdrafts before paying upas they see the overdraft facuility as your money in the bank!)