Housing and council tax benefit overpayment?

afc80

get your appeal in lolly, dont listen to the high and mighty on here.

you will win your appeal, the council are in the wrong and the public sector
are more accountable for their mistakes. They should not be, but they are.

you will win and save yourself some money.

every little helps and who cares if you feel a wee bit guilty

dmg24

lolly1981 wrote: »

it isnt norwich city councils money to keep either ...wont stop them tho will it!
again i have not said i WILL appeal...just that i could.! talk abouty a witch hunt!

Why is it not the LA's money?

lolly1981

norwich city council...the people who have actually had the rent paid to them...dear lord!!

i give up...i feel like im baging my head on a brick wall!

afc80

dmg24 wrote: »

Why is it not the LA's money?

Council's administer Housing Benefit on behalf of the DWP so the money is the DWPs.

Amistoso_2

No OP, you just don't like what your hearing, and there is no way anyone can say you will definately get off with paying on a technicality. I didn't say the money was paid into your bank but it was you who made the comparison, my point was you can't keep money you know wasn't yours to keep wether that be paid into your bank or your rent acount. don't get all arsey because people think you should pay the money back and you don't like hearing it!! it's the right thing to do. Say for example in 6 months time things don't work out, bet you'll be straight on the phone claiming your LHA and expect the money to be there to pay our rent for you in your hour of need...

fluffymovie

SOrry but there has been a lot of incorrect info given here.

There is no regulation which states that a change in circs has to be actioned in the same benefit week or any resultant op is non recoverable.

If an overpayment is created by la error, it Can be recovered if it is considered that the customer could reasonably have been aware they were being overpaid. The la might say that as you hadn't received new ctax bill or cancellation letters that you might be liable to repay.

With regard to recovery of op's, we can only recover from a landlord if they failed to notify us of a change they knew about. For example, hb paid to landlord for a tenant who moved out weeks ago, we'd recover from landlord.

This is different from when we recover by weekly reclaim however

afc80

Nobody has said that the council should not raise the o/p. It is however an admin error which attracts lower subsidy to the council and it is without doubt the councils fault that the o/p grew and grew. They should have suspended her hb and written to her. They didnt, they are at fault.

If she appeals she should win the appeal and if the council upholds their decision to recover and it goes to a tribunal the customer will win, no doubt in my mind.

Lolly, get in your appeal, they cocked up and you can take advantage

it is the way of the world.

Amistoso_2

sorry but at the end of the day she owes them that money, trying to encourage someone to not pay what they owe is not what this site is all about, it's just plain wrong...

Amistoso_2

afc80 wrote: »

Nobody has said that the council should not raise the o/p. It is however an admin error which attracts lower subsidy to the council and it is without doubt the councils fault that the o/p grew and grew. They should have suspended her hb and written to her. They didnt, they are at fault.

If she appeals she should win the appeal and if the council upholds their decision to recover and it goes to a tribunal the customer will win, no doubt in my mind.

Lolly, get in your appeal, they cocked up and you can take advantage

it is the way of the world.

your a disgrace

afc80

Amistoso wrote: »

your a disgrace

you should say that to CAB, Shelter and all the other support agencies out there.

They would give Lolly the exact same advice.

If she was my client id get that o/p written off for her.

Obviously if i worked for the LA i would be of a different mindset.