Housing Benefit Overpayment

[76leoblack]

Hello everyone, I could do with your help and support please.

 

I am in a situation where I feel powerless, intimidated and depressed.

 

I was moved into temporary accommodation approx 4 years ago (May 2003). My wife, daughter (1) and I were moved from my parent’s house approximately 15 miles away into another borough where we had no family or friends for support.

 

The tenancy was in my wife’s name and I completed a housing benefit form in front of the rent officer who took it away. 5 months later my family was being evicted due to no form being received. I made a complaint at stage 1 which was upheld and apologies were made as my case was incorrectly closed and files were misplaced.

 

Approximately 9 months later from the beginning of the tenancy, I completed another assessment and this was acknowledged 1 year later!! However no rent had changed although my full time income was fluctuating and increasing year on year. I did not think anything of it, I was under a lot of pressure and my wife had just been diagnosed with a terminal illness.

 

After 2 ½ years into the tenancy I was asked to send further pay slips and further copies of tax credit awards which had already been sent in over the past months. After sending these into the housing office a letter was sent to my address requesting an overpayment of approx. £14k. I was furious and angry and frustrated. In the letter they state that due to not declaring my income until 2 ½ years later the benefit was reassessed and that I had been overpaid.

 

I sent in letters requesting an appeal and also a letter explaining all the information that I had sent in with dates and copies of correspondence. After my wife had died last year a friend spoke with someone at the council to inform them that I could not contact them at this time. A year later which was last week, I was sent 3 separate invoices that looked identical to the 14k but totalled approx £500. I sent in these invoices and asked for clarification.

 

They replied to my query by sending me the original 3 invoices for £14k.

 

I feel that I should not have to pay this debt as it was an error on their part and I made the council fully aware of my circumstances and so they should be held fully responsible for this overpayment.

 

My intentions are to ask for a complete breakdown and complain to the chief exec and then to the LA ombudsman.

 

I would be grateful for any advice!!

 

Thanks

 

Leo

[ladybird17]

Try your MP as well.

[callumsgran]

Hi and welcome,

i think you will be best off sending a dpa sar to the council quoting your ref number and enclosing a £10 cheque.

They will have to by law give you all the details they have on you over the last 6 yrs.

I would also see a solicitor if you can, the first half hour is free, if you dont know one contact the CAB for one.

Good luck!

See if reading this thread helps?

http://www.consumeractiongroup.co.uk/forum/bailiffs/78406-housing-benefit-bailiffs.html

[76leoblack]

thanks, whats a dpa sar?

 

Leo

[demon_x_slash]

Subject Access Request under the Data Protection Act. It costs £10 in the form of a cheque or postal order, and entitles you to every single item of data that the council hold about you personally, including in your case a list of payments, any previous complaints/mistakes made, notes on your account written by the account operatives...you need to send it Special Delivery, to ensure that it's signed for. They have 40 calendar days to reply.

There's a link here to the basic one used for banks. You just need to change the details to suit your situation, and substitute the account numbers for your reference number.

Good luck; come back when you receive a response.

[76leoblack]

Hi

 

The tenancy was under my late wife's name but also signed by myself. Documents used to come in my wifes name but now come in my name. Will this mean that they will only give me documents with my name on it?

 

leo

[Billyhunt]

Hi, Leo,

 

Re: Housing benefit.

 

If the overpayment is substantial, and resulted from the local authority incorrectly assessing accurate information provided by a person, s/he could argue that, given her/his lack of understanding of how benefit is calculated, s/he could not reasonably have been expected to notice the error. A judicial review (R. v Liverpool City Council ex parte Griffiths, March 14 1990) of a local authority's attempt to recover an overpayment ruled that it was not recoverable because it was not reasonable to expect the claimant to work out her housing benefit entitlement. Such arguments may be strengthened by reference to the quality of the information provided by the local authority to the client about her/his benefit, and/or the client's difficulties in understanding the information.

 

As you had much going on in your life and the local authority were made aware of this, I as you would approach the local authority ombudsman regarding this. You have tried to deal directly with the L A but they have failed you. I would also complain to the L A using their complaints procedure quoting 'maladministration' and 'standards of service'. The L A will know what you mean when you use these terms. Also include as much evidence as possible including photocopies of letters etc if you have them. Looks like you have grounds for challenging this decision.

 

Good luck.

[76leoblack]

Thank you all for your advice! I have sent off letters today to the Chief executive of the LA demanding that the debt is written off due to maladministration of officers and negligence. Copies have also gone to local MP and departments. I have given 14 days for response and then i will pursue further with LA Ombudsman.

 

I have also sent off for the DPA!

 

I will get back to you with the outcome!

 

thanks again everyone!!

 

Leo

[76leoblack]

Hello all

 

Progress so far!!

 

£10 returned to me for the DPA, been informed by letter not required for this service as they do not charge.

 

Dated 25/04/07 sent a final reminder for the overpayment of 11k (1 of 3 invoices totalling 14k) to be paid else legal action will be taken!!

 

Letter Dated 26/04/07 from Office of Chief Executive who replied that reply will be given within 15 days and passed onto stage 2 of complaints procedure.

 

Dated 26/04/07 letter informing me that a reply will be given by 17th May and being dealt with at stage 1 of complaints by senior officer.

 

Abit confused as to what is going on but seems that there is no communication between departments as decisions are being made that seem inconsistent and letters are being sent out without knowledge of what is going on with my case. I have already made a complaint at stage 1 although i could not respond to their letter at the time. Is my first complaint void due to no response??

 

DO I need to contact overpayments team and tell them or should they not know that a complaint is being dealt with??

 

Leo

[tiglet]

They should know, but it might be worthwhile phoning them anyway - you can't always rely on the left hand knowing what the right is doing under these circumstances.