Do i have any chance? HB overpayment

violetmva

Hi, all!
Don't think i will avoid repaying but hope for some advice. Situation is:
we moved in this house in November 2007, applied for HB, since then i have receipts from the council for submitting 3 times bank statements and payment statements for my husbands earnings (he is self-employed and works 30+ hours, i get low rate short-term incapacity as i am waiting for a operation on my arm) After filling his tax return i have yet again given the information to the Council with the WTC and CTX as well. Now i got a letter we have been overpaid nearly 2500 pounds and we're not getting any HB either. I guess they have been only looking at the Profit/Loss accounts, but then why are they asking for bank statements and payslips if they do not make calculations on the basis new increase in payments? We'll be getting half the WTC and CTX as well and i just don't see how are we going to pay the rent next month as they are stopping any payments.
Please, please telll me if i have a chance if i want to appeal on the grounds that they had the information on earnings but didn't take it into account.
Thank you all.

dmg24

Is your husband a sole trader? If so, surely his P&L corresponds with his earnings?

violetmva

He is self-employed construction worker and every time there was increase in his earnings i was giving the Council new payment statements and bank statements as well. I made the entiteled to calculations based on the new WTC, CTX, and Tax return and it gives me a full HB if i do not put estimate for 2008/2009, and about 136 pounds weekly if i put it, but this is not the case with the Council. I am really confused.
The P&L is based on last year's earnings, same as WTC - you cannot avoid being overpaid. This is why i have always given recent payment statements and bank statements, thinking that it will be taken into account and overpayment will be avoided.

dmg24

I'm still confused - have you given the LA the P&L for up to 30 April 2008? If so, the earnings statements for the period from November to April (if done correctly) should correspond.

Have they provided a full breakdown of the overpayment?

How much does he earn? Do you have any children, and what is your rent?

violetmva

Yes, i have provided all the statements and P&L and based on that they said we've been overpaid. I think they had into account previous P&L for 2006/2007 and ignored information i provided, thus overpayment. We have one child just turned one, and our rent is 925 a month, hubby earns about 250 a week, but because of my hand problem sometimes he works less if i have to go to doctors or have a bad hand day and cannot look after our son, he still does 30 hours/ a week though, so no fraud on WTC.
I'm going tomorrow to ask for a breakdown and to ask how can i appeal because i think it's their mistake, correct me if i'm wrong.

dmg24

Yes, need to get a breakdown before appealing, to see which figures they are using. Let us know when you get the information x

violetmva

Thank you ever so much. I was wondering how long it will take to get the breakdown, hope it won't be too long so i miss the one month deadline to appeal.

violetmva

Just been to the Council.It was sooooo difficult to make the lady accept my letter that i want a breakdown on how the benefit was calculated. She was repeating that the HB has been cancelled due to me not providing the Tax Credits Annual review and therefor i have been overpaid.As it happens the overpayment is for period April-July 2008.
Bit confused as we get half the WTC than last year

violetmva

Hi again,
so what can i say someone who cannot count and have common sense has done the calculations on my HB and thought that hubby earns 479.68 a week. Just don't know what to think - He's earnings before tax etc is 15000, he gets paid every 2 weeks roughly 479.68 after tax and deductions, so i think they thought it was weekly amount not fortnightly
one.
Does anyone know how to appeal, last time i went they didn't want to accept my letter requesting the breakdown, so i don't know how to do it. Is there any template letter or i can just state i think the decision is wrong and want to appeal. Any ideas will be much appreciated!

dmg24

Hi violetmva,

You should be able to submit your appeal in the form of a normal letter. Make sure you head it Appeal against HB Award or something along those lines, and get a receipt when you hand it in (or send it Recorded Delivery)! In the letter just state that they are using £479.68 for the weekly figure, when in fact it is half that amount. This should be sufficient to get a result.

As an alternative, you can ask for a reconsideration of your claim. I have always gone straight to appeal, but that may just be my LA being useless with anything other than formal complaints!

Let us know how you get on x

violetmva

Thank you again!
I was thinking maybe i should put myself in the letter all the money coming in for the week, just to make sure they get it right this time but maybe it is a step too far . They always give receipts here as i go straight in the office to give the information. Will see what they advise me though what will be faster - appeal or reconsideration, but i guess they will ask me to reapply as the previous claim has been already canceled. They don't give you any chance even to check the figures, do they?