Housing Benefit Overpayment - HELP

baby_miece

Hi there!

The situation is that when I was pregnant I rang up council etc to see what I was entitled to. I filled out all the forms at the same time and was told I was entitled to £50. 98 CTC and no WTC and 39.40 HB a week.

I was told by CAB to inform Tax credits that I won't earn what I did last tax yr so told them my salary for the yr. So my entitlement went up to £61.93 CTC approx and £16 approx WTC.

So since Sept we have been underpaid and have received no backpayment etc.

Well first time ever applying for benefit and I then get a letter from HB saying we owe them £667 in overpayments!!!! What the hell? Because of Tax Credits....!?! But I did not know this I filled out all forms etc. Why has it taken so long for them to realise I had CTC? I don't understand - I am up to my eyes in debt trying to pay everything as it is and now we have less money and they want us to pay this back - if we had that money we would never have claimed for HB.

Does anyone know what we can do? Do we HAVE to pay it back?

Thanks

fluffymovie

Hello

If your overpayment is because the council were not aware that you were in receipt of Child Tax Credit, then it is considered a claimant error overpayment and you have to pay it back.

When your claim was initially calculated, you would have been sent notification letters detailing the income that was used. Have a look at these and see if your TC were on there.

A lot of people assume that tax Credits will tell us of changes but they will not and it is the claimants responsibility to do so. It is even at the point with TC that they won't discuss a claim with us if we don't know a claimants middle name!!!

minigirl762003

I've had the same thing from my local council regarding WTC and CTC with more or less the same amount overpaid. However they are going back to 2008. I appealed it but they say they are still in the right and as I cant find the paperwork going back to 2008 (have moved and had another baby since then) I will hjave to pay it back

Then got another letter this week saying it was because my husbands pay had gone up :cool: I wish lol

baby_miece

well I never knew you had t tell them - I sent it all off at the time my baby was born, instructed by them not to wait for one or the other it can all be done at once so how is this a claimant mistake; they should have stated on my FIRST original latter that if I receive CTC then to let them know. So the fact I physically can't pay this back; what happens now?

I have been underpaid CTC/WTC will they pay a lump sum after renewal? I have told them about the change in circumstances but unsure how the renewal etc works....!?

Genuisscuffy

I'm in the same position in owing £468 to HB but they have agreed to let me pay it back at the lowest rate £9.75 per week which although isnt great its better than the £25 per week they wanted originally! If you have to pay it back make sure you ask to pay at the lower rate otherwise they just tell you an amount!

dmg24

baby_miece wrote: »

well I never knew you had t tell them - I sent it all off at the time my baby was born, instructed by them not to wait for one or the other it can all be done at once so how is this a claimant mistake; they should have stated on my FIRST original latter that if I receive CTC then to let them know. So the fact I physically can't pay this back; what happens now?

I have been underpaid CTC/WTC will they pay a lump sum after renewal? I have told them about the change in circumstances but unsure how the renewal etc works....!?

All award paperwork very clearly states that you must advise the LA of changes in income.

baby_miece

dmg24 wrote: »

All award paperwork very clearly states that you must advise the LA of changes in income.

well I must be blind then!! very helpful comment love

real1314

baby_miece wrote: »

well I must be blind then!! very helpful comment love

It clearly was a helpful comment - it's accurate, factual and pertinent to your query.

The fact that you do not like it doesn't change it's helpfulness.

baby_miece

no because it doesn't state what I originally asked about - it is not clear and I was asking about something else not whether I should declare monies! So no it is not helpful. I never said it was an answer I did not want, the outcome won't be any different if she stated it is not clear would it?

dmg24

baby_miece wrote: »

no because it doesn't state what I originally asked about - it is not clear and I was asking about something else not whether I should declare monies! So no it is not helpful. I never said it was an answer I did not want, the outcome won't be any different if she stated it is not clear would it?

Here is a much clearer answer for you - no, there is nothing you can do. Yes, you do have to pay it back.

Is there anything else you need to know?

Mum2twins98

baby_miece wrote: »

Hi there!

The situation is that when I was pregnant I rang up council etc to see what I was entitled to. I filled out all the forms at the same time and was told I was entitled to £50. 98 CTC and no WTC and 39.40 HB a week.

I was told by CAB to inform Tax credits that I won't earn what I did last tax yr so told them my salary for the yr. So my entitlement went up to £61.93 CTC approx and £16 approx WTC.

So since Sept we have been underpaid and have received no backpayment etc.

Well first time ever applying for benefit and I then get a letter from HB saying we owe them £667 in overpayments!!!! What the hell? Because of Tax Credits....!?! But I did not know this I filled out all forms etc. Why has it taken so long for them to realise I had CTC? I don't understand - I am up to my eyes in debt trying to pay everything as it is and now we have less money and they want us to pay this back - if we had that money we would never have claimed for HB.

Does anyone know what we can do? Do we HAVE to pay it back?

Thanks

So who's too fault ?
When you fill in a new claim for housing and council tax it states you add all income, if you already had the claim going and at the time you wasn't getting the CTC and WTC its down to you to inform the housing department of your new income levels because this is how your entitlement is worked out. Its your error so yes you will have to pay it back