housing benefit overpayment - help losing sleep

niknak2012

I've just received a letter from housing stating i have been over paid housing benefit of nearly £5,000 over the past 2 yrs because they had included child care costs in error (their words) DO I HAVE TO PAY THIS BACK??
I first claimed in Jan 2010, I completed all the forms which asked me if I had child care costs and put NO (I was unemployed at the time and my son was in school)
I started a part time job in June 2010 and had to complete forms again for change of circumstance, again i put no child care costs.
I moved house in March 2011 and again completed more forms for the change of address and again put no child care costs.
I then got a full time job in Jan 2012 and informed them in writing of a change of income, when i called 6 wks later to get an update on my claim to see if i was still entitled to anything i was told my claim had been stopped because i hadn't sent back the form they sent me regarding child care costs!!!!(I didn't receive this letter) I told them on the phone i didn't have any and their records should already show this. I've now received this letter demanding payback of over payment. I'm going to appeal this demand but does anyone know if i will still have to pay it back????? Any advise would be much appreciated.

karenx

When you get your award letters did you check these? Do you still have them all? It should have listed on them what they have been using as income. If it shows childcare costs you should of noticed this and called them to correct them?

Longships

Collect up all your paperwork and go to Citizens Advice with it. My mother was overpaid benefit due to a clerical error like this and she does have to pay it back but they just deduct a few pounds a month (around £3 I think) from her pension.

fogartyblue.

Yes you certainly will have to pay it back!

When the LA issue notices about benefit matters be it CTB or HB, they show how the figures have been arrived at.

If, as they admit, that those letters included child costs, then it is your responsibility to ensure that the calculations are correct.

You simply should never just put them in a drawer or throw them away.

No different to Tax Credits, Tax Codes or in fact, any other benefit.
Check them to ensure that they are correct. If you don't, you will have been expected to have done. If you don't understand them, you are also expected to seek help in trying to understand them.
Something to that effect will be printed on the HB notification letters that you have had in the past.

I am aware of one case where errors caused entirely by the council in a CTB claim caused an overpayment of £1200. I got to hear about it after the bailiffs had obtained walking possession of his goods and he had been given 7 days to pay the debt plus costs in full.

So far he has paid all of the bailiffs charges (£1650) and has arranged to pay the debt over the next 4 weeks (£600 every two weeks).

Nothing I can do for him, he should have read the forms when he received them - there is no excuse whatsoever.

wellynever

fogartyblue. wrote: »

So far he has paid all of the bailiffs charges (£1650) and has arranged to pay the debt over the next 4 weeks (£600 every two weeks).

You couldn't make it up Well yes you could when living in a dream world.

fogartyblue.

wellynever wrote: »

You couldn't make it up Well yes you could when living in a dream world.

Pardon?

Are you suggesting that the figures are incorrect?

The debt of £1200 + costs (Liability Order) had risen to approx £2850.

There had been numerous attempts by the bailiffs (Whytes or something like that) to collect. over a longish period including and so they said, three visits with a van!

Eventually they gained entry through an open window at the rear of the premises a few weeks ago when the weather was hot and sunny.

When he got home he found a note on the worktop in the kitchen saying what they had done.

He then settled the £1638 after borrowing the money and still has to pay the original debt.

wellynever

First visit: £24.50 (can only do this once for CT)
Second visit: £18.00 (can only do this once for CT)
Levied upon goods as per the current law and legislation: 37.00 (can only do this once for CT)
Vehicle in order to remove goods £125.00 (can only do this once for CT)

All fees are added as per Schedule 3,5 Regulations 14/39/45 Charges Connected with Distress.

No more fees are allowed by law.

fogartyblue.

wellynever wrote: »

First visit: £24.50 (can only do this once for CT)
Second visit: £18.00 (can only do this once for CT)
Levied upon goods as per the current law and legislation: 37.00 (can only do this once for CT)
Vehicle in order to remove goods £125.00 (can only do this once for CT)

All fees are added as per Schedule 3,5 Regulations 14/39/45 Charges Connected with Distress.

No more fees are allowed by law.

Well if what you say is correct, my friend has been well and truly stitched up.

I have seen the WP form that they completed when they managed to get into the house and it clearly states 3 visits with van to collect goods but no one was in.
I'll speak with him this evening and get the facts and post them on here for you.

LL30

OP, you have my sympathy! On my HB forms, it shows lots of figures BUT it doesn't show a childcare figure, which I know they take into account. The breakdown is gibberish to the average person, you honestly cannot tell what they are taking into account apart from the fact that they have a tendency to write 'disregarded' next to certain monies with no explanation as to why it is. If it was as simple as them saying 'we don't take into account £110 per week that you use for childcare', then yes, I would be inclined to agree, that it's your responsibility to alert them to their errors. But in my case, and I'm sure this is not isolated to my area, the awards are not presented in this way.

Currently, I rely on a friend who knows a lot about these things so she says yay or nay to their calculations - plus I check it against the entitleto calculator. I keep everything in writing, and save everything! OP, I agree, you need support from an outside body - CAB? xx

Runningwithscissors

karenx wrote: »

When you get your award letters did you check these? Do you still have them all? It should have listed on them what they have been using as income. If it shows childcare costs you should of noticed this and called them to correct them?

I agree that this is what the HB/CTB dept will say, quite legitimately, as you really should've checked the letters that you received (you will have received an initial award letter, along with letters every time you made a change, and letters every April), and if you did not understand them, then you could have contacted them for an explanation and this mistake would have come to light. However, you can appeal against any decision made within four weeks of that decision.
So, appeal against the decision to recover the overpayment, stating why you could not reasonably have been expected to be aware that the Child Care Costs had been included - for example, did you understand the letters? Are the letters clear? Give as much information as you can.
Also, have they calculated any 'Underlying Entitlement'? This is NOT an award of HB, but this *MAY* reduce the amount of overpayment. Ask about this. Be aware that you will have to provide proof of ALL of your income and capital for the WHOLE period of the overpayment.
A HB overpayment would be recovered from ongoing HB entitlement, and it IS possible for you to negotiate the amount of this, but you may need to provide details of your income and expenditure in order for them to do this. If you are no longer entitled to HB, then you can make an arrangement with them to pay it back at a rate that is affordable for you.

fogartyblue.

wellynever wrote: »

First visit: £24.50 (can only do this once for CT)
Second visit: £18.00 (can only do this once for CT)
Levied upon goods as per the current law and legislation: 37.00 (can only do this once for CT)
Vehicle in order to remove goods £125.00 (can only do this once for CT)

All fees are added as per Schedule 3,5 Regulations 14/39/45 Charges Connected with Distress.

No more fees are allowed by law.

I've just received the following breakdown from him:

First
visit £58.00 ……..2012

Second
visit £18.00 …….2012

To
Levy Distress £58.00 ……..2012
With
Van – Attending to remove – Reasonable Costs
£196.00
Two
men ….hours £188

To
Levy Distress £58.00 ……2012
With
Van – Attending to remove – Reasonable Costs
£196.00
Two
men ….hours £188


To
Levy Distress £58.00 (Gained entry) …..2012
With
Van – Attending to remove – Reasonable Costs
£196.00
Two
men ….hours £188


Walking
Possession £12.00

7
letters @ £25 each - £175.00


£1589