Housing Benefit and council tax underpayment

theresam

Hi,

My 1st post and I wonder if anyone can help me with some information.

My husband is severely disabled and last year I discovered my local council had underpaid us housing benefit and council tax benefit for 4 years. This amounted to a considerable amount circa £5000.
This caused considerable hardship to us during this time.

After numerous calls and letters it was finally sorted out and they paid us the underpayment in october last year.

We still have this 5K in our bank account and because of the 5k and other savings we are just over the 6k limit? allowed on HB and CTB before they start deducting money from our benefits again.

I am sure that there are rules re underpayments of benefits do not count when calculating savings for benefits for a set period of 1 year. After this year is up they are counted as savings. Can anyone confirm this and point me to the relevant rules so that I have some definite proof regarding this rule.

Thank you

teeni

This is accurate will loook up the
reg and post it later.

theresam

Thank you Teeni. I am very grateful

theresam

teeni wrote: »

This is accurate will loook up the
reg and post it later.

Hi Teeni

Sorry to trouble you but could you, or anyone else, post the "Reg" when you have time please.

Thank you

kerrann

i have been underpaid roughly same amount as you. Have you got any help and advice as to make sure i can get what i have been owed? they are aware now and i have sent all info they may need. but its taking longer than i thought
many thanks xx

coffeelover65

@theresam, send them a letter or email saying that you're appealing the decision as they shouldn't be treating the 5K underpayment as capital at present. As the OP is over 5K the period MAY POSSIBLY (depends on error classification they have used) extend past 52 weeks although that could mean you having to constantly update them of your capital via bank statements after 52 weeks depending on your HB offices procedures.

Provide the following link - http://www.legislation.gov.uk/uksi/2006/213/schedule/6/made

Specifically its paragraph 9 within that schedule you'll need to refer to - "HB schedule 6 paragraph 9".