Advice needed for help with Benefits Overpayment

rustysheep

Hi All

1st post just collating some advice into issue faced with my local council

moved in with girlfriend after moving to new part of country due to losing business.

Put in claim for HB and CTB in May this year at same time put in claim for Job Seekers.

Claim for housing benefit went in fine, all processed including partners part time wage and employment details, tax credits info etc and told them at time put in claim for JSA. At time my claim for tax credit still active for me and my child so at time of claiming HB still theoreticaly had 2 claims for Tax credits. My claim stopped and setup one claim. JSA claim went in with problems of its own as well.

JSA processed initial claim incorrectly due to confusion with my self employment previously. Sent in variety of information to support claim and sat back and waited.

So in mean time HB went in and claim active, apdi small amoun tinitally due to excess with overloapping tax credits for couple of weeks. This resolved itself. Council said they would periodically check systems regarding WTC and JSA but send in any info I receive in mean time.

Finally got Award Notice for TC and just waiting for JSA, took 8 weeks to process JSA and they made all 8 weeks payment in one payment. They then sent me a letter next day saying could pay me JSA from x date due to blah blah blah so I thought buttocks and sod you and never bothered fighting.

Went into HB as they stopped my claim pending arrival of letters form HMRC and JSA and never received anything for 1 month due to their IT system not working so couldnt reactivate and process changes becuase of it.

When finally processing it I have now received very demanding legal letter stating they are taking further routes regarding overpayment due to amount it exceeds there zero tolerance policy

I have done nothing worng, I have given them info as and when received, it seems that they state I owe over £460 back, cant see how though.

I told them I claimed JSA but actually I never received a single payment for whoel period of 8 weeks, verified by DWP. I received all 8 weeks in one payment then claim ended and hadnt claimed JSA since due to their morals. I have been told my JSA is taken as income so they have calculated all weeks since May as £67.50 even though never recieved it, and reduced claim. Surely as I only got one payment in one actual week this should of been used and not weekly amounts. I always though HB was means tested and so using it for weeks I never got it during processing claim is wrong.

Anyhow they didnt bother to check it ended and so used it for each week since. They also wouldnt change claim as cant go back more than 1 month.

Anyhow after they have done all this been told not entitled to anything and they are pursuing further action and I have to attend a legal interview with legal represenattive to face charges of benefit fraud.

My circumstances are not working unemployed

My partner works minimum hours needed and get NWM. We get standard Tax Credits for 2 children and that is it.

these circumstances have been like this since May when moved in and nothing else changed.

Accordingly to all calculators on net been told exactly what we are entitled to and currently at this moment only getting half that.

Now todl I am cheat for doing nothing worng and cant actually get through to anhyone that listens.

My questions are this, if means tested and during periods of claulction how can they use figures in theirown calculations we physically never received. And I did report my chgange of cirumstances and sent letter in. Between claim being processed for JSa, receiving payment and letters confirming this and etter confirming claim ceased and our prebooked holiday the council got there letter after 5 weeks.

Anyone know what to do, currently we are in receipt of £290 a week from everything. Have been onto JSA regards claim and in process of reopening and setting up new one (Cont Based been told)

What I am struggling to find out if regarding JSA, even though claim took 8 weeks to process and pay council used the weekly amount for each and everyweek of that 8 week point and beyond for further 6 weeks even though wasnt entitled to it.

As I only got one payment of all 8 weeks as one before claim ended does council have right to use that for the previous 8 weeks in our calculation of only going forward from date of payment received. Means tested states what I had income wise for that period not what I might have had

Anyone just baffling myself as to what to do and no doubt baffling those reading.

Just peeved that being teated as criminal when done nothing wrong.

I have just had to sell something worth a considerable amount £5000) and not to mention sentimental value for £100 this week just to get by

Morglin

I would suggest you formally appeal the overpayment demand, state your reasons why, and send in copies of ALL the DWP/Tax Credit letters you have, copies of all bank statements showing what income you have had, from whatever source, and let them sort it out.

You could also ask for an appointment with the council benefits department, if you'd prefer to take the documents in to them.

If you do send anything, make sure you send it recorded delivery, and track it online to make sure they signed for it.

If all this fails, then ask the CAB to look over what you should have been getting, and to help you sort out any problems with the benefit department:

http://www.citizensadvice.org.uk/index/getadvice.htm

Lin

Sam____2

But you did recieve it though, allbeit in one lump sum, anyone setting up a claim for the first time has to wait a few weeks for it all to go through. I don't see why you have a problem with that.
They won't have stopped your claim for no good reason, you either didn't hand in all the relevant information or you simply do not qualify for JSA due to your partners income or not having enough conts to qualify.

merlin68

I take it when you were self employed that you did pay class 2?

Arg

They won't have stopped your claim for no good reason,

That's not true,they frequently stop peoples money for all sorts of stupid reasons whether it's incompetence or meeting targets.

Sam____2

Arg wrote: »

That's not true,they frequently stop peoples money for all sorts of stupid reasons whether it's incompetence or meeting targets.

yes, I'm sure they do that all the time, your absolutely right. They must have just not liked the look of the chap and thought, he's not getting any more JSA...

rustysheep

hi guys

thanks for replies.

I understand what you're saying but this is where I am struggling to get info to back up my complaint to local council.

I waited 8 weeks for my JSA to be completed. The reason stopped where due to its being processed under incorrect category, they paid out and I was meant to reapply form end date but went away and so sorted it when I got back a month later.

What I am trying to find out is if what council have done is corrcet.

They added JSA to my claim from day 1 and included the £67.50 every subsequent week there after.

My issues to them is HB is meant to be basedon income so they have added it in their calculations for a period of 8 weeks prior to me actually receiving any. This then led to recalculation and they then redued my benfit accordingly and sent me out letters stating owe back x amounts in overpayment. One thing is whe my claim ceased they left this on for the 4 weeks and said cant remove it as didnt tell them within 4 weeks lol, only changed claim last week. Now pursuing further action under fraud due to overpayment.

Thsi is where I am confused, I didnt get the supposed weekly income calculation for the period they have stated in their statment and so for me the overpayment cannot be justified. I did get all money in one payment so for me this one payment should be included only on the period it applies. Is this corrcet. Should they include this as income for period I was paid it and if there rules stating how much money shoudl be used per week, say $300 equates to enough for £100 over 4 weeks for example. rather than adding to past weeks where I actually didnt get it.

They also get my partners income on there even though previous told them it was wrong but as its ben over 4 weeks they wont backdate it but only chage it form 1st monday after. I told then of the change in person back in May when I delivered some letters in hand.

the 4 week change of cirumctsnaces seem a bit harsh, surely they can only go back 4 weeks and no more rather than saying oh been more than 4 weeks cant change it at all so yeah you didnt get that £300 we thought you did but tuff its been over a month so hard luck

rustysheep

Sam___ wrote: »

But you did recieve it though, allbeit in one lump sum, anyone setting up a claim for the first time has to wait a few weeks for it all to go through. I don't see why you have a problem with that.
They won't have stopped your claim for no good reason, you either didn't hand in all the relevant information or you simply do not qualify for JSA due to your partners income or not having enough conts to qualify.

Yes I did receive it in one lump sum in August after claiming in May. But adding it to my HB claim as weekly payments received from day I submitted my claim seems harsh, never physically had the money. They happily reduce and rake back money for change of circumstances but when your change of circumstances puts you in an advantage and increases entitlement they bascially tell you to p*** off and cant have it.

We spent 8 weeks receiving only £33 CB and £170 WTC,partner never got paid due to financial issues with her employer. They have used including incorrcet partners pay and my supposed receipt of JSA as an extra £150 a week which didnt exist, wont change it because its been more than 4 weeks but that isnt our fault. Told us to send in proof by certain date, couldnt get proof so automatically suspended claim, got letters required but said to late couldnt backdate only change from following monday.

Becuase of delays in remedying all this it got to a point that I had to file for DRO as outgoings far exceeded income to point a hefty point

Using online calcualtiosn and our exact figures for income over the entire period show payments due of £300 not havin to owe back £500 and face benefit investaigation for fraud.

jetplane

You really need to appeal asap as you only have one month and seek help from CAB, Welfare Rights, Law Centre etc. Ask the LA not to recover while appealing and ask them for a weekly breakdown of entitlement and payments. You can also put in a new claim if you think you still qualify.

I don't know which LA you're from but they frequently wait for JC+ or DWP to make a decision and follow their lead but they should make their own decisions.

Mistakes are made, benefits are sometimes stopped for no good reason but appealing will give you access to all of the information and a professional adviser will be able to make sense of it for you.

I think the problem is often not understanding the system, information taking a while to be entered and delays causing genuine overpayments. However they are not always correct which is why it is a good idea to get assistance.

Can the person who helped you file for DRO not find an adviser to help, did you go to CAB etc?

amanda6216

delays in system are terrible as above poster has mentioned i have been told i had an overpayment of esa around £900 but this is because it took them so long to update,forms went missing at there end etc etc. I am waiting for them to decide wether they are going to recover it or not but if they do i will be appealing it as i was chasing them the whole time to get this update done so im going to sit tight for now and wait and see
hope you get it sorted though

rustysheep

hi al

thanks for reponses, as before all used to help get understanding.

Spoke to Local Council today who told me today nothing they can do, its the rules unfortunately.

They told me they cannot adjust a claim for my partners wage as its been more than 4 weeks so have done it from the Monday I told them they were wrong but happily adjusted my claim incorrcetly resulting in overpayment from 3 months ago.

Told them I had my claim ended and not been claiming JSA for full 6 weeks before resolving but as the dates my claim ceased was July its past 4 weeks so they will not remove it from my entitlement statement and overpayment stands. They were th eones who amended claim anyhow only last week but that is not regarded in any of this as the actual date I stated for JSA ceased was JUly even though they were the ones who put it for everyweek on my HB claim since May.

Cant believe this, cant wait till little un goes to nursery next week and can go back out to work.

I have left my details with COnsumer Legal Advice but as it was to late in day i am due to call back tomorrow and hopefully can get someone who understands system to help me resolve, no offence to CAB but needed their help a few years ago for simple matter and they took me round the houses, paid solicitor resolved it for me in end in matter of weeks.

Just trying to find info on net to backup my complaints letter to them but cant find anything to quote regarding it.

My argument of being refused HB and CTB for 8 week period due to JSA and incorrcte PArtners wage even though my actual income was £500 less than they state makes sense to me but council say I dont understand the process correctly. I though means tested meant during periods, hence why HB etc fluctuates pending circumstances, happily take back when they want but use excuse sorry to late as more than 4 weeks so cant change it sorry.