If the council make a mistake

daimonde

if its recovery of council tax thats totally different, it doesnt fall under benefit rules then & yes court can be involved.

if CIS was around theyd be best placed to advise on that.

sistafromanothermista

I've just called her.... it says
' offence alledged between '08-'11 defendant with a view to obtaining benefit or payment or advantage dishonestly failed to notify council HB dept in the manner of a change in circumstances that the defendant knew would affect entitlement to HB&Ctax benefit namely that earnings increased contrary to section 11a (1a) of the social security administration act 1992.'

Also another letter that says 12a


They had her earnings down incorrectly from the start.
Summonded to appear at the magistrates court.

CIS

They ask for it back, they are entitled to it back even if they have made a mistake. They then claw it back through her benefits, either in a lump sum or a payment plan. She would have no choice and it would not go to court.

It is an option for the council to do this (either via a CCJ for HB or via a Liability Order for Council Tax) but these are a good way down the line and only after a payment option has been given first.

It doesn't "just" state that - under what offence has she been charged? Magistrates primarily deal with criminal cases, so this is likely to be about fraud, not the overpayment itself

It may be a Liability Order hearing - overpaid CTB is recovered from the Council Tax account and a person will be billed for the Council Tax then due.Failure to pay will result in a Magistrates Court Summons.

skintandscared_2

Just one suggestion (not about the CT thing, sorry). My OH has mental health issues and won't open post or answer the phone unless he knows who is calling. I open all the post and deal with anything I can, or talk him through things he needs to know about. Is there someone close (maybe you?) who could regularly open the post and just check there's nothing like this in there that she needs to deal with?

McKneff

You say for 3 years she has not had a pay rise but they are saying they are now taking her to court for not informing them of a pay rise.

sistafromanothermista

McKneff wrote: »

You say for 3 years she has not had a pay rise but they are saying they are now taking her to court for not informing them of a pay rise.

I know it doesn't make sense. We can only assume they mean because they had a lower amount down as her 'wage' to start with which was an incorrect figure .Even though they asked for her last 3 wage slips OR an employers certificate.
She gave them the latter and they still co**ed up the figures.

sistafromanothermista

CIS wrote: »

It is an option for the council to do this (either via a CCJ for HB or via a Liability Order for Council Tax) but these are a good way down the line and only after a payment option has been given first.


It may be a Liability Order hearing - overpaid CTB is recovered from the Council Tax account and a person will be billed for the Council Tax then due.Failure to pay will result in a Magistrates Court Summons.

:wave: she was given a payment option which she didn't keep to as couldn't afford to (£50pw)

It might be this but i believe it went to court to be granted the liability order at the beginning of March so i don't think so.

Tbh i don't understand why it's now going to court as she has an agreement in place to pay back the overpayment of both HB and CTAX benefit. I just can't see what it will achieve or how the outcome is going to differ from what is actually happening now (as in she's paying it back)

Any ideas?

sistafromanothermista

skintandscared wrote: »

Just one suggestion (not about the CT thing, sorry). My OH has mental health issues and won't open post or answer the phone unless he knows who is calling. I open all the post and deal with anything I can, or talk him through things he needs to know about. Is there someone close (maybe you?) who could regularly open the post and just check there's nothing like this in there that she needs to deal with?

Unfortunately not i don't live near i'm afraid. My dad is frail and wouldn't be much help either.
I think (hope) this has given her a much needed wake up call to start dealing with things rather than putting them in a drawer until things go really bad.
I try and help from afar as much as i can (hence posting on here) trying to get advice etc. hope she blummin appreciates it

CIS

Tbh i don't understand why it's now going to court as she has an agreement in place to pay back the overpayment of both HB and CTAX benefit

Unless the Council is very odd in the way they work (and I haven't yet met one who doesn't ) then there will no re-payment plan for the CTB. When the CTB is withdrawn it is done so directly from the Council Tax account and you are then issued a new Council Tax Demand for the amount which has been recovered (e.g its no longer overpaid CTB, its underpaid Council Tax.

This amount is then recovered via the Council Tax route and there is no further connection with CTB.

It does sound like she is being prosecuted for the incorrect claim - this is to do with the act of having an incorrect claim rather than the actual amount overpaid (although this is considered when a case is heard) - and whether she is found guilty or not the overpaid amount is recoverable.

sistafromanothermista

What are the possible outcomes of the court hearing CIS?