Overpaid Housing Benefit

minsteve001

Hi,

Hope someone can advise me on this as I am getting nowhere with the Council. I left my job with British Gas in May of last year as I was suffering from stress. I had been off sick for a couple of months and had moved house in this time due to a divorce. My manager in British Gas was informed of my new address but evidently didn't pass the information on to HR so I never received a P45.

I started a new job in September and notified the Council sending them my new payslip so they could reassess my Housing benefit. I didn't hear anything, which didn't surprise me as they always take months to sort anything but then in December I received a letter advising they had suspended my claim for housing benefit as I had not provided them with information they had requested. I sent off payslips, tax credit advice, bank statements etc but then had a letter in February advising that they had calculated I had been overpaid £1500.00 as they assumed I had started my new job in May, they had cancelled my claim for housing benefit as they assumed I no longer wanted to claim and if I wanted to continue claining I would have to reapply. I have reapplied and notified them I left British Gas in May and sent them my contract proving I started my new job in September.

They have accepted that I started my new job in September but don't believe I left British Gas in May. I have shown them my bank statements showing no salary being paid in but the woman told me I was probably having it paid into a different account! They are insisting on seeing my P45. I explained that I never received one so they have now said they will accept a letter from British Gas, however despite, letters, phone calls and emails Bristish Gas haven't sent this. I have been given 7 days to provide this letter or the council are threatening me with court action. I have explained that I am doing my best to get a letter from British Gas and even given the council permission to contact British Gas directly but they won't see reason.

Any advice on what to do next?

Thanks

Mum2twins98

Yes get yourself off to the citizens advice tomorrow and tell them what you have told us, the council have also messed my claim up they are saying i am on Income Support well i am not and not been for a 8 months, so they want me too have free rent and council but i have a partner whom works full time, sent so much paper work i am lost and i am on my way to the good old CAB

Vader123

My manager in British Gas was informed of my new address but evidently didn't pass the information on to HR so I never received a P45

Can't you get your mail from your last address? Have you even tried?

Failing that I would write to British Gas asking them to confirm your start and end dates, plus salary paid to you.

Vader

fluffymovie

When a benefit overpayment is calculated, the authority has to consider the facts that they have to hand. In your case, I am a bit confused about the May date.

If you sent them in your new payslips, why would they assume you started in May unless they had had some information about a change in May previously?

It sounds like they may have received your new payslips and written to you for information but when this wasn't received, they cancelled your claim. Have you confirmed that the letter was sent to the right address?

Unfortunately, it might be hard to prove that you didn't start until September without a letter from your previous employer. Could the Inland Revenue confirm something for you?

Or the council could have a look at your gross pay to date on your first payslip if you send them your last payslip from BG and your first payslip from your new job?

When you sent in your changes and didn't hear anything, did your benefit change? If not, did you contact them to ensure that they had your information as you would expect a change of course.

Did you have a manager at your previous place of work who could write you a letter to confirm that you haven't worked for them since May?

minsteve001

Thanks for the advice. My manager at British Gas was sacked for gross misconduct! So no joy there. I have repeatedly asked British Gas to send the information but they just don't respond. The council have accepted that I started my new job in September but even though I did notify them in May, they claim they didn't receive my letter and that they believe I went straight from one job to another. Unfortunately, I can't get to the CAB as I work in a school and can't get time off in term time.