HB: What do you do when they get it wrong?

1980babe

I submitted all necessary documents. I received my decision notice end of August 2008, which shown I paid too much C/Tax. So I rang them to get a refund of this.

I got a new notice today, basically saying that there had been an overpayment made because they had made an error and had used one of my childcare costs twice. But surely thats their fault and not mine? Now all my budgeting is out, as obviously I was going by the info that they had given me.

So where do I stand, do I have grounds for a complaint?

suelees1

It sounds like official error to me and if so and also very importantly you couldn't be expected to know you were being overpaid then it's not recoverable. What the LA will probably say in their defence is that your notification shows how it was calculated and it was up to you to check the figures. These nofications can look quite complex for a lay person.

You have every right to appeal within a month and if the decision remains the same at local level it will be referred to the Tribunal Service and it will then be up to them make a decision on what they call "the balance of probabilities"

1980babe

Thanks for the info.

The notification was very complex, more numbers than you can imagine, so as the lay person I wouldnt understand and also because I got a few notifications it made it even more confusing.

suelees1

I'd pursue an appeal then and mention all this. Don't give up at the first hurdle - if LA refuse to change the decision, appeal to the Tribunal Service. It will probably all hinge on whether you were aware of the o/p

1980babe

Sorry but what does o/p mean?

Is it overpayment? And if that is the case, then no I was not aware.

suelees1

overpayment

Ditzy_2

Not sure how the HB notification letters are written but surely if they are appear confusing - and too many people they are - why do you not go to LA and double check figures at the time. Tribunals do not look kindly to 'I was confused' and 'I didn't know' when there are professionals that can go through the claim with you.
I get this all the time - and I can sympathise when all information is submitted and some numpty of an assessor gets it wrong affecting the claimant financially in the long term.
When there is an underpayment and extra money is due never get the 'confused' line!!!

1980babe

But I did ring them to confirm it all and they told me I had overpaid my council tax? So not only was it all confirmed in writing, they also advised me it was correct.

Ditzy_2

1980babe wrote: »

But I did ring them to confirm it all and they told me I had overpaid my council tax? So not only was it all confirmed in writing, they also advised me it was correct.

Then you have good cause to appeal the overpayment - if advised at time of claim assessed then it must be LA error - go for it.

1980babe

Cheers x
:beer:

1980babe

Had a phonecall this morning admitting that they had messed up my account, and it wasnt the fact that they had used my daughters nursery fee, but it was that they had used my middle daughters child care cost instead of the babies nursery fee.

So Im due a payment for both C/Tax and towards my rent.

Thanks for your input xx