Housing Benefit confusion

MissSafiyaK

Bit of a long story but I will try and explain it best I can.

I used to be on Incapacity Benefit but last October I was told that I couldn't claim ESA as I didn't meet the requirements. It went to appeal and about a month ago I won the appeal.

I got a letter about my housing and council tax benefit being overpaid. I had a look through the figures and I have discovered that the Incapacity age addition was being used twice, once in the total rate of my Incapacity and also as a separate figure so that's one dispute I have.

The second is that I was on the assessment rate for the nine months that I was waiting for my appeal and I was having my rent and council tax paid in full. Do I have to pay back all the benefit that I was paid during those nine months considering that it was the DWP who made the wrong decision, not me plus the wrong figures being used as mentioned above?

Also wanted to add that my contribution ESA will end in October but as I have no savings or income, I believe I will qualify for the income based ESA. Will I have to go round in this whole circle again?

I am really confused about this whole thing and I plan to go to Citizens Advice as soon as I can get an appointment. If anyone has any idea about this, I would be grateful for any replies.

Thank-you in advance.

BurnleyBob

It's very likely that nine months ago you paid a small proportion of your IB income towards your rent and Council Tax. Then it dropped to nil once your income fell to £71 on the ESA assessment rate.

If that's the case, which I'm sure it is, your LA will want that nine months of money you didn't have to pay to them as they'll know you'll be repaid the difference between that rate and the ESA WRAG one. They'll only be concerned with your income during that period, not whose fault it was.

As for your other question, yes the whole process will begin again sooner or later. Sooner I suspect. I realise it's not what you want to hear but best to mentally prepare than kid yourself because the government are like a dog with a bone with their determination to cut the welfare bill.

dazzer1467

BurnleyBob wrote: »

If that's the case, which I'm sure it is, your LA will want that nine months of money you didn't have to pay to them as they'll know you'll be repaid the difference between that rate and the ESA WRAG one. They'll only be concerned with your income during that period, not whose fault it was.

not totally true,Housing benefit changes as circumstances change,if your income decreases then HB+CTB will increase,as long as council are kept informed of any changes then no rules are being broken, your partially right about them not caring whos fault it is,they dont care what the jobcentre decide,your "contract" is with the council,My local council have access to jobcentre computers so can find out exactly what your recieving and how much.

mazza111

I think you will need to get them to work out how much you should have been paying if you had been in the support group from the start. As this is the money that will be backdated to you if you won your appeal.

Usually the letters come out to stop your housing benefit before the new benefit is calculated, so it might be worthwhile going to see your local housing officer to see exactly what you owe, it could be something as simple as a couple of quid for each week you were on assessment rate, either way it will need addressed and should be done as soon as possible.