Housing Benefit - Underpayment

Ross2452

Hi guys, just need an opinion before I take further action:

I have been looking through my housing benefit decision letters and realised that since sep 2009 i have been under paid housing benefit by around £36.5 per month due to the HB office having an incorrect rent figure.

I called the HB office and asked them where they had aquired the incorrect figure and they said that it must have been an administration error at their end, as the documents on file that I originally submitted contained the correct figure. They asked me to put this in writing and promised it would be looked at, so I did.

They have looked over the letter. They agree there was an error at their end, but have said that due to the fact I have not brought this to their attention, they will not be paying me the money owed from sep 09 to april 10.

I spoke to someone at the HB office and she said i should appeal the descision in writing. I have never had to appeal a benefit descision before, but I can imagine it will be quite a hassle.


So...I have a couple of questions:

Are they allowed to withhold benefits I was entitled to due to me not realising/informing them they had made an error?!

Do I simply need to write to them and ask for the descision to be re-assesed due to the fact it was an error on their side, or would I be best taking this to my soliciter and ask him to act on my behalf?

I know we are not talking about massive sums of money, but it would really help at the moment.

Cheers guys, Ross.

annibee

I would write or email them and explain. To be honest I had to deal with them once because of a similar situation and they were really helpful and sorted it within weeks. I was only on HB for about a month before I asked them to reassess and then they did and I was off it again within months. But like I said they acted Quickly (I emailed them)

I found them quite helpful. Just thought Id share that.

fluffymovie

I think this is very poor administration. The rules as they have explained them to you don't actually apply as you are asking them to make something called an ANYTIME REVISION. They made the error and luckily it means they owe you money rather than the other way round.

TBH, if I had a call like this,I would just amend it whilst you were on the phone but seems they dont work like me! Nevermind! Just 1 fluffy!

In order to make an appeal, they have to give you a decision which was your decision notice, however, the error is theirs so write a letter to the team leader and explain the circumstances as you have here and point out the error was theirs and they are under a duty to correct it!