H/benefit over payment & council tax opmnt

mynameistallulah

debtinfo wrote: »

An option by definition is a choice between different possibilities that an entity could take. If it was the case that the facts did not support a prosecution then it would not be an option that they could take, ie regardless of the amount owed there could never be a prosecution and the LA would not have the choice of taking that action.

Therefore since you dont know the facts you could not possibly reasonably know whether it was an option or it was not an option therefore your statement that they do have the option is entirely wrong.

now if you had said that there could be an option dependant on the circumstances then you would have made a correct statement, but you did not.

The only criteria the LA has to satisfy in order to prosecute is that the amount owed is over £2,000, and as we know that to be a fact, a prosecution is an option open to the LA.

Of course they have a choice as to whether to exercise that option, and will look at other factors in making this choice, but nonetheless the possibility is open to them, yes?

debtinfo

so you are saying that if i owed £2001 but i was not in any way responsible for the overpayment building up the LA would be able to prosecute me

CIS

In any evet i think the OP is talking about council tax benefit

Council Tax Benefit is made as a payment to a Council Tax account, when it removed the amount that's due is Council Tax and recovered via the normal methods (think of CTB as no more than a cash payment and a removal of CTB as a bounced payment )

jason1231972

mynameistallulah wrote: »

The only criteria the LA has to satisfy in order to prosecute is that the amount owed is over £2,000, and as we know that to be a fact, a prosecution is an option open to the LA.

Always, always, always subject to criminal-standard evidence (as in the case of any prosecutable offence) that indicates fraudulent activity. Even extremely large overpayments won't be prosecuted with substandard or no evidence of fraud. Because the court wouldn't hear it. And if they did, the defendent would be found not guilty anyway, so no point.

LAs can prosecute for less than 2k, but generally don't in most cases.

And, the 2k threshold varies nationally across different LAs. It's the DWP who set the 2k benchmark. Many LA prosecution policies fall in line with this as a guide figure, but some don't.

jayne60

Oh dear I seemed to have opened a can of worms, Yes I did know i would get brought to task eventualy, but whe your living hand to mouth and everyday is a constant struggle, I burried my head in the sand like a lot of us do!!!, Im not getting prosecuted and there has been no mention of fraud at all, and im a tax payer myself, I know i did wrong and crtisism hurts I only want advice & not to be made to feel like a criminal:(( the letter on the 17th does say the full amnt i owe, Im still allowed 23.65 H/B p/wk but £16 is to be retreived each week to pay back and council tax has been awarded to me of £3.95 p/wk im to pay back 600 to them

debtinfo

Hi Jayne60, Have a look at this and send it to your LA,

http://www.dwp.gov.uk/docs/u6-2011.pdf

If the Overpayment was requested for repayment prior to the bankruptcy then it is now a bankruptcy debt and shouldnot be being recovered

I dont know of any case that superceeds this although things have been changing fast recently

debtinfo

section 3 is what you are looking at

jayne60

Hi Debtinfo. Many many thanx for passing on your endless knowledge to me,

I will take this into my Housing office and see what happens.
Once agsin Thanks )))

CIS

If the CTB overpayment is for the period of ''4/10/10 to 7/5/12 for council tax'' then it cant have been due in full by the 18 May 12 as an amended Council Tax demand could only have been dated the 07 May 2012.They had, as a minimum , until the 21 May 2012 before the payment became due.

jayne60

the ctb overpayment off 600 is for period upto that date, I do understand that im responsible for what i owe from 18th may 12, there are bills for 4/10/10 then 1/4/11 to 31/3/12 then my current bill for this year