Housing Benefit Overpayment - 6 years old.

Aymz

I received a letter two weeks ago from a DCA regarding an overpayment of housing benefit of £1100. This apparently dated back to 2006.
I told them that i do not remember anything about any overpayment, that I would be disputing it with the council.

I wrote to the council, asking for an explanation, and a copy of all documents regarding the matter. I received a response to them today from the overpayments manager, saying that i had disputed it first time round via letter (May 2006), it had gone through their appeals department, then to an appeal tribunal where it was struck out (this all happened within a 4 week period). The documents are being gathered for me and will be sent out. Apparently there's nothing more she can do, and i am to liaise with the DCA. I cannot dispute it again as the first dispute was 'settled'. This is the first time in 6 years, since they decided i'd been overpaid, that ive been contacted about it.

I honestly do not remember knowing about the overpayment in the first place, and i definately do not remember appealing it, not least it going to a tribunal (assume i would have had to appeal the decision on my appeal?!) Although if she's saying i did, then i must have. I will wait to see what the documents say.

Should it be the case where it is owed (which atm sounds likely) then no problems, I will arrange with the DCA to pay.

But am I right in thinking that HB overpayments are not covered by the 6 year SB limit as such, it can be collected so long as i am claiming (which im not at present) but they just cant take me to court once 6 years has passed?

if anyone could clarify that for me it would be most appreciated - i've a feeling that when the DCA get my (to them) pitiful repayment amount, they would run and threaten all sorts of litigation

Thanks

fermi

Benefit overpayments can be statute barred.

Most people misunderstand what the means though. It just means that you would have a defence to any court action they might take. That is what something being statute barred actually means. Legal action is what is "barred".

Most normal creditors would have no other legal way of enforcing a debt, so in most cases the debt becomes irrecoverable if you refuse to pay.

As you've realised that does not apply to benefits, as they can deduct from future entitlement.

However, yes, court action itself may be barred in this case.

Depends on the date the 6 year period can be said to start from. Normally that is when you are notified of the overpayment, but I suppose any appeal might have extended that a little? If push comes to shove in a legal sense you should probably take advice on that.

Legal action is pretty rare though. Although a DCA may try to spin it otherwise to put the wind up you.

Aymz

thanks. I would have thought that the last decision on it was when the tribunal (!) came back at the end of may '06 and said i do owe it.

Just wanted something for my own piece of mind really, and you've confirmed what i sort of knew. Thanks

fermi

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Benefit overpayments and social fund loans

The Limitation Act says that the limitation period for benefit overpayments and social fund loans is six years.

The cause of action (when the limitation period starts running) for benefit overpayments, is when a final decision is made on the overpayment. This is most likely to be a final decision by a local authority, the Department for Work and Pensions (DWP) or a tribunal.

For social fund loans, the cause of action is when the loan becomes due for repayment.

Information: To recover overpaid benefits, the DWP and local authorities can use the normal county court route. There is also a fast-track process of registering the debt in the county court, as if it were payable under a county court order. If this happens, phone us for advice.

If the local authority or DWP tries to issue a county court claim against you for an overpayment of benefit, and you think it is statute-barred, you can put in a defence. Phone us for advice.

However, if you are getting ongoing benefits, the DWP or local authority can take money directly from your benefit to repay overpayments. This is a complicated area, and the law may soon change.

lomas246

i have housing benifits debt in another name (last name ) they found me but it was over 6 years ago the debt and they still trying to get it
what should i do

please dont apply if your a nob i know i should pay it but dont want to they take more then enough of me in councill tax

Blackpool_Saver

lomas246 wrote: »

i have housing benifits debt in another name (last name ) they found me but it was over 6 years ago the debt and they still trying to get it
what should i do

please dont apply if your a nob i know i should pay it but dont want to they take more then enough of me in councill tax

is this post for real ???? is English your first language, for goodness sake please try to spell and not use filthy words

McKneff

lomas246 wrote: »

i have housing benifits debt in another name (last name ) they found me but it was over 6 years ago the debt and they still trying to get it
what should i do

please dont apply if your a nob i know i should pay it but dont want to they take more then enough of me in councill tax

.

Council tax and housing benefit are two completely separate entities.

If you have been overpaid housing benefit, you have got benefits that you are not entitled to. They will get it back from you one way or another whether you agree to it or not sunshine.

owen_money

lomas246 wrote: »

i have housing benifits debt in another name (last name ) they found me but it was over 6 years ago the debt and they still trying to get it
what should i do

please dont apply if your a nob i know i should pay it but dont want to they take more then enough of me in councill tax

A wind up I hope! What has council tax got to do with it? That pays for your local services. No wonder the government want to crack down on cheats. If you owe it then you pay it. I pay £9000 a year in tax and I dont mind helping out genuine cases as I would hope I would get help if I was out of work (thats a joke, £70 a week, after I paid in £9k a year). I hope you get caught! Give me your details and I'd be happy to dob you in

ess0two

owen_money wrote: »

A wind up I hope! What has council tax got to do with it? That pays for your local services. No wonder the government want to crack down on cheats. If you owe it then you pay it. I pay £9000 a year in tax and I dont mind helping out genuine cases as I would hope I would get help if I was out of work (thats a joke, £70 a week, after I paid in £9k a year). I hope you get caught! Give me your details and I'd be happy to dob you in

Thats the problem 'tools' like that,tar the remainder with the same brush.

mcjordi

i dont think theres a limit on how long they can chase for CT but as posted its 6 years for HB overpayment but they may take it off any further claims down the line.