Housing and council tax benefit overpayment?

lolly1981

hello all.
im just looking for a bit of advice really.

I was claiming housing benefit and ct benefit. then my OH moved in and i came off benefits. this happened on the 7th feb. i called the council regarding my HB and CT on the 22nd...within the month they allow for change of circumstance.
I told them i know longer needed these benefits, he said he would suspend any more payments, they sent me a letter saying that they needed new info to continue paying, it was suspended until they received this. and if i didnt send what they required they would cancel the claim no more money would be send etc.
well i knew i was earning too much to claim anything so didnt bother...so obviously the claim was cancelled.

I received my rent account statemnet and it appears that they had continued to pay my HB and CT all the time, there had been no suspension or cancellation.
so now they are billing me 700 pounds overpayment...just over 2 months rent.
when i spoke to my housing officer..she said i should appeal it as she had checked their records and it was recorded that i had called and told them i wanted it stopped...so i had informed them off the change but they continued paying it so it was their fault!

anyone had this happen before..what are the chances that i can get the overpayment dropped?

any advice on what to do would be great.
thanks in advance.

shellsuit

If you have only just found out that they were still paying it after it should have been cancelled, you would have been paying your rent and CT yourself, which means the £700 should be a credit on the account, surely?

lolly1981

my account had been in arrears...but yes i was paying the rent and ctax.
but as it was in arrears they arent allowed to take it off my rent account as it will put me back into arrears if that makes sense?

Amistoso_2

perhaps some of that £700 is for the rent and council tax benefit you were receiving in the 2 weeks it took you to inform them of your change of circs? that on top of the arears you aleady had could perhaps total the £700?

McKneff

If you pay the money back, yes you will be in arrears but you will be back in exactly the same position that you would be in surely.

Their mistake yes, but i dont think you have any choice but to pay it back.
Best thing to do is to ask them to set up a payment plan if yu cant afford to pay it back all at once.

dmg24

You knew that you should not be receiving this money, and therefore you should have advised them that the payments had not been stopped. You were not misled by the LA about your entitlement, and therefore you are not allowed to benefit from the overpayment.

You will need to arrange a repayment plan if you cannot afford to pay the money back as a lump sum.

lolly1981

i dont think i explained myself lol i was in arrears but where housing benefit were paying my rent (im a council tenant) it took my rent account to 5 pound in credit..i was also paying 80 pounds per week. so the housing benefit cant take it from my rent account as it will put me back in arrears. their rules. so my rent account is now fine so what they done in stead is send me a letter for the over payment.

the housing officer seems to think i definatly shouldnt have to pay...as tho even tho i had the rent account had the money i informed them they shouldnt be paying, im not saying agree or disagree with that statement.
i was just wanting to know if anyone has had a similar situation and what their out come was.

AnxiousMum

I don't understand so please forgive me.....but....did you not notice the payments going into your account? I know if I was in arrears with something as important as rent/council tax, I'd be watching every penny each month, and fully aware of money not going in that should have, or money going in that shouldn't have! Or, did they pay the rent directly to your landlord and the council tax directly to the council?

lolly1981

dmg24 wrote: »

You knew that you should not be receiving this money, and therefore you should have advised them that the payments had not been stopped. You were not misled by the LA about your entitlement, and therefore you are not allowed to benefit from the overpayment.

You will need to arrange a repayment plan if you cannot afford to pay the money back as a lump sum.

i wasnt aware i was receiving the payments until 2 months after i had cancelled...and the day i found out i called them up and informed them they had been paying me when they shouldnt.
so i had actually informed them twice that i shouldnt be receiving any thing. it is even on their records that i called them and told them i shouldnt be receiving them.

lolly1981

AnxiousMum wrote: »

I don't understand so please forgive me.....but....did you not notice the payments going into your account? I know if I was in arrears with something as important as rent/council tax, I'd be watching every penny each month, and fully aware of money not going in that should have, or money going in that shouldn't have! Or, did they pay the rent directly to your landlord and the council tax directly to the council?

i dont have a rent card i pay at a paypoint...i get a statement every 3 or 4 months...i received the statement in april this is when i noticed the payments had been going in..this is when i called them up to tell them.
I pay my money every week so i know im doing my bit.

ETA yes it goes directly to city council..theyre my landlord. i dont get anything in my hand so to speak.

so in answer to your question no i did not know that it was still being paid...and in all fairness why should i even suspect that it was as i had cancelled it.

lolly1981

dmg24 wrote: »

You knew that you should not be receiving this money, and therefore you should have advised them that the payments had not been stopped. You were not misled by the LA about your entitlement, and therefore you are not allowed to benefit from the overpayment.

You will need to arrange a repayment plan if you cannot afford to pay the money back as a lump sum.

thats what i intended to do..pay it back...and of course if i ask for a review and they still say i have to pay it back of course i will.
i was just asking if anyone else had anything similar.