Housing Benefit Overpayment

LAINEY7571

HI,



We are a samed sex couple . I am in receipt of Incapacity Benefit and DLA and was receiving Housing benefit until the law changed in Dec 2005, after which we received letters saying we were no longer entitled.

We received a bill for overpaid council tax benefit which we paid.

My Partner has just lost her job so we applied for income support and housing/council tax benefit for which we have been granted minus £9.15 a week for overpaid housing benefit.
I rang up the council to find out what this was about and was informed there was an overpayment of £672.76 owing from my previous claim in 2005. I asked the lady why I hadn't heard anything before about this and she said it had been overlooked and was only realised when I reapplied for the benefit.
Can I appeal against this claim as we are not now in a position to pay the extra money.(I am currently paying off a DMP at £216 a month)

I appreciate any advice you can give me on this matter.

SuziQ

I wouldn't think there is any way of getting out of paying this back to be honest-probably best just to negotiate a very low monthly repayment rate due to your current circumstances. Always worth speaking to the CAB though to see if they have any suggestions.

Conor_3

You cannot get out of repaying it however you should still get HB minus a "reasonable deduction" which is usually around the 10% mark.

suelees1

Elaine, I responded to your post about this a week or two ago so I've cut and pasted my answer from then (in blue italics)

Yes they can recover it but they have to have given you a decision letter which tells you about the overpayment and also tells you of your appeal rights. They can't just recover it without giving you the chance to challenge it.


If you're in time to appeal (normally within one month of the decision letter) they should suspend recovery immediately on receipt of your appeal.

If you have continuous good cause then the time limit to appeal can be extended to 13 months but they won't simply stop recovery until your appeal has been accepted as valid. In these circumstances you will also have to show there is sufficient benefit to the appeal ie you stand a good chance of it being upheld.

If you're out of time to appeal or it's not accepted a valid or if the appeal is dismissed you need to send in details of your income and expenditure and ask them to reduce the amount of recovery

LAINEY7571

Thanks for the advice.
To be honest I was just gobsmacked to told I owe them money three years down the line because they forgot about it. If we had of known we could have paid this at the time with no problems

Talk about 'kick you when you are down'

:mad:

,hills

Happened to me last year and paying back now.

They are taking £9 back out of £36 I get a week.

Owe about £250.00

SomeBozo

To be honest I was just gobsmacked to told I owe them money three years down the line because they forgot about it

If they had underpaid you 3 years ago you would be entitled to claim it back, hence its swings and roundabouts.

Bozo

LAINEY7571

Thanks for all your advice.
Just to let you all know, my appeal was successful. The council have written the debt off.:beer: :T