JSA overpaid advice please

chloe1954

Many thanks for all your replies. I can understand why it may appear we are a couple. I have taken out a loan on my own, but Steve has never applied for any money as he is a discharged bankrupt. We have never had joint names on anything, all bills are in my name and paid for by me. We do not socialise together, but did go away on holiday once in a larger group. I have never been really bothered what people think, and did not think it really mattered until now!
In some ways I have kind of liked the idea that people have assumed that we are a couple as it has helped me feel safe having a man around the house, and because we are close friends there has never been any official arrangements and I have supported him financially. (I know I have dug myself a hole here)
I do not think my tax credit changed after I told them, but it was indicated that it was the tax credit people that told the job centre people to investigate. Why it has taken all this time I don't know. The letter Steve has received states that he was not entitled to JSA from his date of moving in with me, so nearly 3 years ago! It states that a further letter will follow with the amounts of overpayment.
If we accept the decision that they have now made (they have now stopped Steve's JSA) do you think they can still re-claim 3 years of benefits? this is my main concern, as I suspect they will go after me for it. Our living arrangements have certainly never been hidden from anyone, and Steve reckons he did ask once if he could claim some extra money but after going through how we live was told that no, he was not entitled to any housing benefit unless the arrangements became more formal. Surely this proves that he has not intentionally done anything wrong and has advised them of his circumstances from the start. Why did they not just say from the start that his benefit would stop if me moved in with me?

princessdon

It's not him living with you. As a lodger you don't go shopping, you don't go on holiday, you don't cook for them etc, you are more than a traditional lodger/landlady. Have you or he had a boyfriend/girlfriend in the last year? Do you have any date stamped photos showing romantic closeness and they would be prepared to give a statement

Another question and this is very relevant

Has Steve ever picked up or dropped of your child at school/nursery/childminders etc?

Is he down as an emergency contact with them?

missapril75

HappyMJ wrote: »

You would have got an extra £37.50 a week on your tax credit claim for having him on the claim. He would have got an extra £71 a week (this benefit year assuming he's over 25) for having an income based JSA claim. One of them needs paying back as both cannot be claimed at once. I'd let him take the penalty as he is responsible for claiming he is single whilst also knowing he is on a couples claim for tax credits. You could take it but I would not suggest you do it that way.

Is that £37.50 is taking into account his £71. So if it was agreed/accepted that the OP's claim was wrong and not his JSA, the overpayment would "only" be £37.50 for each week rather than his £71.

On the other hand, if the way to go is to accept he shouldn't have had JSA then should her credits claim be increased as there was no JSA to take account of?

I'm wondering if this is one of those cases where a benefit was overpaid, but another may have been due or increased, meaning no or minimal loss to public funds if you follow what I'm getting at.

chloe1954 wrote: »

(I know I have dug myself a hole here)

That you have.:(

The letter Steve has received states that he was not entitled to JSA from his date of moving in with me, so nearly 3 years ago! It states that a further letter will follow with the amounts of overpayment.
If we accept the decision that they have now made (they have now stopped Steve's JSA) do you think they can still re-claim 3 years of benefits?

Yes.

this is my main concern, as I suspect they will go after me for it.

If the official decision is that he shouldn't have been getting paid - and that's what it is now - I'm pretty sure that only he would be expected to repay it. And he has no means so they'd have to leave it for now.

Our living arrangements have certainly never been hidden from anyone, and Steve reckons he did ask once if he could claim some extra money but after going through how we live was told that no, he was not entitled to any housing benefit unless the arrangements became more formal. Surely this proves that he has not intentionally done anything wrong and has advised them of his circumstances from the start.

That would strengthen a "not a couple" case if there was some proof. It would also have given you a new income to declare.

Why did they not just say from the start that his benefit would stop if me moved in with me?

Presumably because he was telling them you weren't a couple. They probably accepted that until him going on your claim changed it. or....when they originally consider living together, they can decide it doesn't exist now but review it again at some future date. So that may also be what happened.

epitome

Bottom line is, he must appeal this straight away, get advice from CAB and possibly get a solicitor, read up on LTAHW (living together a husband and wife) criteria.

I guess this sends out the message that when you mke a claim like this it would be best if you get a letter from them that they accept you are not LTAHW. But even that would not stop them changiing their minds in the future and accusing you of fraud and reclaiming all the money. It's not right IMHO.