housing benefit overpayment

[olliymber]

good evening,

 

today when I came home,

I had received a letter from the council about an overpayment of housing benefit for 487.59, from over 5yrs ago.

 

the period 02.04.12 to 07.10.12.

it was created on the 09.10.12 due to tax credits and start of higher paid job,

notifications letters were sent to you informing you of this.

 

they have said that they are going to send out an invoice for this over the Christmas period and to please call the office to set up an arrangement for a payment plan.

 

I phoned the council as this was the first I knew of this overpayment.

I spoke to a lady who brought up the account

seemed surprised it was so long ago

 

she confirmed that I hadn't received any letters about this, only notification letters.

 

I presume they mean by notification letters, they mean award letters.

 

thank you

 

I have received nothing else from them and pay my rent in full and council tax,

in fact have only got 26.00 left to, pay on my council tax.

 

I have written an email to them complaining,

which is what the lady advised

 

what I would like some advise on whether you anyone thinks I have a case or if I will have to find the money which I don't have.

[dx100uk]

have a read of a few threads here

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=housing+benefit+overpayment&sa=Search+CAG#gsc.tab=0&gsc.q=housing%20benefit%20overpayment&gsc.page=1

[mariner51]

Wait for their reply and take action as nec. eg Ombudsman & local MP.

IMO they could take you to Court or take overpayment over time, as a % of future HB payments.

[olliymber]

Thank you dx100uk, I will have a look.

 

Thank you for your reply mariner51,

I have sent an email already, so will see what happens.

 

I am not in receipt of HB or CT and do not intend been any time soon.

 

if the outcome is not good they can x amount a month , as I knew nothing of the over payment.

 

Thank you dx100uk,

I'm not going to hold out much hope, after reading the post.

 

It appears as it's just under 6 yrs they can expect payment.

 

I'm just really annoyed as I had know idea of the over payment and they have never written to me until today.

 

now to find out how much they are going to expect me to per month , as I do not want CCJ.

[dx100uk]

nothing to do with any CCJ

not sure where you are reading that from?

 

dx

[olliymber]

I meant, I will have to pay it . As they can claim up to six yrs in arrears, even if they didn't inform me. If i don't pay then it would end up as a CCJ, as I presume they would take me to court.

[dx100uk]

nope they don't need to take you to court

and its not covered by the limitations act as its a gov't debt.

 

they can simply deduct it from future benefits or a DEA etc etc

[stu007]

Hi

 

Please calm down, I can appreciate this has caused some worry especially at this time of year but please listen to the excellent advice you are being given.

 

Just think they are 'claiming you owe this HB Overpayment' from some yrs ago but how do you know this is correct and not an error (maladministration) by them.

 

Do Not be afraid to challenge them as you need to put them to Proof that you actually owe this and that they have followed there own Policy and Procedures.

 

Put all communication in writing only (you need to keep a good paper trail and get free proof of posting from the post office) and make sure to title all your letters 'Formal Complaint', with 'Reference' (the reference number on the letter informing you of over-payment).

 

also in the letter ask them for copies of the following:

 

1. Complaint Policy.

2. Housing Benefit Over-payment Policy. (note: the council operate the HB on behalf of DWP so the Council would still need a Policy in place on how they operate HB Over-payments)

3. Housing benefit Statements From & To (note: insert the date period they are claiming to date)

4. Copies of all Documentation sent by Council From (insert HB Over-payment start date) to date on this Housing Benefit Over-payment.

Edited December 16, 2017 by stu007

[olliymber]

nope they don't need to take you to court

and its not covered by the limitations act as its a gov't debt.

 

they can simply deduct it from future benefits or a DEA etc etc

 

OK thank you. I have emailed them yesterday after coming off the phone.

 

 

 

Although I forgot to put my address, just the reference number, so I may need to confirm my address. Thank you for the replies.

 

Hi

 

Please calm down, I can appreciate this has caused some worry especially at this time of year but please listen to the excellent advice you are being given.

 

Just think they are 'claiming you owe this HB Overpayment' from some yrs ago but how do you know this is correct and not an error (maladministration) by them.

 

Do Not be afraid to challenge them as you need to put them to Proof that you actually owe this and that they have followed there own Policy and Procedures.

 

Put all communication in writing only (you need to keep a good paper trail and get free proof of posting from the post office) and make sure to title all your letters 'Formal Complaint', with 'Reference' (the reference number on the letter informing you of over-payment).

 

also in the letter ask them for copies of the following:

 

1. Complaint Policy.

2. Housing Benefit Over-payment Policy. (note: the council operate the HB on behalf of DWP so the Council would still need a Policy in place on how they operate HB Over-payments)

3. Housing benefit Statements From & To (note: insert the date period they are claiming to date)

4. Copies of all Documentation sent by Council From (insert HB Over-payment start date) to date on this Housing Benefit Over-payment.

 

Thank you for your response.

I have emailed them, after speaking to some one in the HB section and she did advise to write or email.

 

I didn't put it as a formal complaint,

I just asked why they hadnt informed me before or retrieved it from my housing society at the time.

Proof of the letters etc.

 

I did include the dates and amount.

 

I will see what they say in response and then and if not happy do what you have advised and make a formal complaint etc.

I appreciate everyone's advice.