Help please housing benefit

[crock17]

i have reading and writing difficulty so pleas don't judge

 

I'm being chased for housing benefit overpayment about £3500

 

at the same time i was on family tax credit and have agreed to pay that back in instalments.

 

i have told the council I'm paying that money back

i have not had the money and they need to recalculate the figures.

 

they have said it won't do that and i must pay the full amount back

 

is this right?

how can they add money to an account i haven't had or at least am paying back?

 

i would be very great full for any advice

[crock17]

Have appealed their decision let's see how that goes

[crock17]

thank you for your reply.

its mendip county council.

they sent a breakdown of my income including weorking tax credit.

aparently i erned to much money (a couple of hundred pounds)

not contacted a polititian.

Im working full time but at the time was self employed and just started an employed posission.

[crock17]

the point im trying to make is that the figure is incorect as it includes WFTC as part of my income

if that is taken off i would probably ow them nothing

[crock17]

I have done but they say they will not knock it off. I'm asking is it legal to add an amount that doesn't exist as i have paid it bac

[crock17]

i understand it was money i was paid at the time but i have paid it back so how can it still be added to what they are asking for now.

 

Im no longer on any benefits.

[crock17]

its not about fault its about the law

[crock17]

yes i did declair my tax credits. if i payed the tax credits back i have not had that money so how can it be earnings ?

[crock17]

How else can i put it. If i have paid back the overpayment of tax credit how can the housing benefits use it as income ?

[crock17]

It's money you had at the time.

How is time relavent I've either had the money or i haven't

[crock17]

Can you prove that you've paid this back?

 

Do you have bank statements or receipts to show that they have been repaid?

 

i have a letter from working tax credit

[crock17]

Did you get paid the tax credits at the time?

I'm not saying it's right, I'm telling you what the law is.

 

If you declared the tax credits, why have you been overpaid?

 

i did get tax credits but according to them i earned more than allowed. (only by a few hundred quid. thats what annoys me) i was in transition from self-employed to employed so did not know what i was going to earn.

can you tell me what the law is ? according to the housing benefit department its regulation no mention of law. if it is law I'm sure they would say it is. now i have submitted an appeal they are really pushing me to agree a payment plan and i find that very suspicious.

[crock17]

Which local authority (Council) is this?

 

What letters have they sent you, have they explained how this overpayment has come about?

 

You CAN get your local politicians to look at this also.

 

What other income do you have coming in?

 

my local politician is a staunch conservative who regularly votes against workers and human rights

[crock17]

cant see anything that mentions wftc

[crock17]

if they its legislation dosent mean it is. not known for being honest are they ?

[crock17]

had a reply after my appeal

i will send the full content when i get home.

 

basically they are saying i cannot appeal because its law and sent me a DWP document stating regulation 23 of the housing benefit regulations 2006.

HB/CTB circular A30/2004 overpaid tax credits

38 if an overpayment of tax credits has occurred during a period i which HB/CTB was also payable, and the overpayment of tax credits is subsequently recovered, there is no provision in regulations to reassess the HB/CTB awarded for that period.

i have looked at regulation 32 and it dose not mention anything about overpayments

[crock17]

this is the actual document they have sent.

Regulation 32 Calculation of average weekly income from tax credits

6 March 2006

 

 

 

(1)

This regulation applies where a claimant receives a tax credit.

 

(2)

Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

 

(3)

Where the instalment in respect of which payment of a tax credit is made is—

 

(a)

a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;

 

(b)

a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

 

©

a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

 

(d)

a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

 

(4)

For the purposes of this regulation “tax credit’ means child tax credit or working tax credit.

 

 

 

 

 

HB/CTB Circular A30/2004

Overpaid tax credits

38 If an overpayment of tax credits has occurred during a period in which HB/CTB was

also payable, and the overpayment of tax credits is subsequently recovered, there

is no provision in regulations to reassess the HB/CTB award for that previous

period

[crock17]

the increas was when i went from self employed to employed

[crock17]

The overpayment was only a small amount I'm talking a couple of hundred. That's my gripe a couple of hundred over and they want thousands back

[crock17]

local mp is not an option staunch conservative who regularly votes against human and workers rights. in the news for telling a student to f off back to scotland

 

have councillors got any say ?

 

according to them i don't have a claim as its law (not sure about that)

 

they have explained but in there language

[crock17]

thank you for the nudge bazooka

[crock17]

have asked them to point out the law that states wftc can not be deducted after it has been paid back. from what i have recived its a circular taged on to the bottom of regulation 32. how dose that make it law ?

[crock17]

actualy the crux of the matter is that i have not had the money ! its unfair unjust and probably illegal. they only target people who are not in a position to defend themselve. i was overpaid by a couple of hundred and they expect me to pay back 5k do you think that is fair ????

the system is intended to support people in need and at the time i was in need. but the LA are now manipulating the system making up rules and lying to raise revenue.

[crock17]

i disagree that what they are doing is legal. i know for a fact that if a judge says you owe money you owe money. but if you have paid the money back how can you still ow it and have it added to another debt ?

[crock17]

i cant afford professional help or i defiantly would. believe me its not about the money its about injustice and people just accepting what they say. there is no difference between LA and cabot. yet people fight cabot and not LA and DFWP