HB overpayment write off if pregnant??

originalacidman

Hi,

I have a query relating to housing benefit overpayment and the possibility of obtaining a write off.

Basically my partner recently reieved a bill for overpayment of housing benefit for the sum of £1080. After looking into things I have calculated that, as I was over 25 during my period of unemployment, my housing benefit allowance has been under paid and by the book my partner would not have been entitlaed to claim for her housing benefit. After doing the sums taking this into account the overpayment as a whole is approx £250 which is somewhat different to the £1080 they are asking for.

At this moment in time my partner is out of work and heavily pregnant. As I now work she is not entitled to any benefits.

After looking into the guidelines I am wondering if on health grounds it is possible to request that this sum of approx £250 is written off as with the impending new arrival it is something that is unaffordable due to me amassing many debt due to recent unemployment which I am now attempting to clear.

I am not happy in the way that the council has acted in notifying my partner via a collection agency which has caused undue stress to her. I am also fed up with the council seeming to bombard people who had lost their jobs with request after request for money regarding council tax overpayments and housing benefit (which I assumed I would be covered with my benefits and I wouldnt end up with debts for this when I left JSA, HB and CTB) when you have only recently managed to get back into employment.

Any help is much apreciated!

Caz3121

originalacidman wrote: »

After looking into things I have calculated that, as I was over 25 during my period of unemployment, my housing benefit allowance has been under paid and by the book my partner would not have been entitlaed to claim for her housing benefit. After doing the sums taking this into account the overpayment as a whole is approx £250 which is somewhat different to the £1080 they are asking for.
was this 2 separate claims - if so you need to deal with the underpayment as a separate issue they will not offset one against the other

After looking into the guidelines I am wondering if on health grounds it is possible to request that this sum of approx £250 is written off as with the impending new arrival it is something that is unaffordable due to me amassing many debt due to recent unemployment which I am now attempting to clear.
They will not write it off due to you having other debts (just as the other debts won't write theirs off) If this debt is in your girlfriends name though she should be making arrangements to pay what is affordable

I am not happy in the way that the council has acted in notifying my partner via a collection agency
It should only have been passed to the collection agency after they had made attempts to resolve - was there other letters from the council prior to this stage

which has caused undue stress to her. I am also fed up with the council seeming to bombard people who had lost their jobs with request after request for money regarding council tax overpayments and housing benefit (which I assumed I would be covered with my benefits and I wouldnt end up with debts for this when I left JSA, HB and CTB) when you have only recently managed to get back into employment.
QUOTE]

The best thing you can do is talk to them - you need to get the underpayment issue addressed and agree the actual amount due and suggest a payment plan. Unfortunately their approach can sometimes be quite agressive.
Possibly have a look over at the debt free board for some help with your other debts.
Good luck with the little one.

dmg24

Why do you believe that you were underpaid?

How does pregnancy qualify as health grounds? Has she had complications? There is nothing unhealthy about being pregnant!

[Deleted User]

dmg24 wrote: »

Why do you believe that you were underpaid?

How does pregnancy qualify as health grounds? Has she had complications? There is nothing unhealthy about being pregnant!

:rotfl: :rotfl:Totally, I'm fed up of telling people I'm not sick I'm pregnant!

originalacidman

Thanks Caz3121 for your help.

In reply to your comments dmg24:

Having looked into the LHA figures for my scenario I know I have been underpaid, and my partner has been overpaid but nowhere near the £1k pound mark.

Also I am saying that the shock, due to no prior correspondence, of this solicitors threatening letter is having a negative impact on my pregnant partner, not the fact that she is pregnant!

dmg24

Any debt is a shock, it is not grounds to have it written off. Even those with severe mental illness have difficulty having debts written off.

Did you live in a self contained property when you were claiming LHA? How do you know that your partner has not been overpaid by the amount stated?

AnxiousMum

So you were living apart and each claiming individually on the properties that you were living in? You may be able to come to some arrangement with them regarding the overpayment, but I wouldn't think you could be let off due to health issues related to stress caused by ignoring their fist attempts at collection prior to using a debt collection agency. Overpayments to the government won't just go away - they need to be dealt with.

tinktinktinkerbell

if youve been over paid you have to pay it back, simple as that

being pregnant is no excuse for not paying what you owe!

viktory

Good grief, I have read it all now. On another it was asked when so many threads on this board descend into slanging matches - I would put this thread forward as a potential reason. I cannot believe, OP, you are asking a Government debt to be written off because your partner is pregnant.

originalacidman

Good grief Viktory, I dont see what point you are making??

I dont think that a debt of approx £250 is a major issue for them. If they had simply written to us prior to threatening legal action I would have been happy to pay, as this is not the case than I am seeing if it may be possible to play them at the game and try to get it 'written off'. If thats not the case then £1 a week should do them.

Thanks to those who have made genuine helpful comments

dmg24

They will not write it off for the reasons given, nor will they offset it against any underpayment on another claim.

Did you need any further advice?