underpayment

kerrann

i have worked 16 hours a week for many years, with 2 kids its all i could squeeze in. recently at the jobcentre while looking for more hours as youngest now at school. The personal adviser noticed that for the past 5yrs working part time, i should of received c.tax benefit and housing benefit. But i received no such thing, i had been paying full rent and c.tax for all those years, and running a house and 2 kids. I have informed my local tax office, and should be due £252 a month back for all the years i overpaid them! not very often you overpay people i know. What i would like to know is how far back can the backdate? and roughly how long will it take to receive my money back, as i can assure you that they were quick enough to take it off me every month. would be nice for xmas and to know now for the future i wont be struggling as much to make ends meet. do u think i would need a lawyer? i do have all documents and was paying DD every month so i do have proof i overpaid them. I just dont know much about this and local office are only telling me i will hear a reply through the post
many thank xx

CIS

You will only receive backdating for a period of more than 6 months if you have very very good reasons why (ignorance of the system is not a good reason) it should be backdated further.

Even to backdate for 6 months you need to show continuous good cause during that period.

http://www.swindon.gov.uk/ab/ab-benefits/ctaxbenefit/makingaclaim/Pages/ab-benefits-ctaxbenefit-claim-backdated.aspx

missapril75

I wouldn't bank on getting much back pay, unless you can show you have been misinformed about it.

Many benefits are payable only from when applied for. It's not that you have overpaid them, it's just that you haven't applied for something that would have helped.

kerrann

yes i have been misinformed, job centre helped me many years ago to get the first job and landlord and council tax and housing benefit have known my situation back then and through to now. also have struggled over the years so had to pay them up debt and everyone involved knew my situation ingoings outgoings etc. And also i got told i would NOT quailify when looking now i clearly did. to why this happened i have no idea. So am i right in saying no one these days automatically help you or give you advice and point you in the right direction to what i would of been entitled to unless i physically knew of this? if you have no clue on situations on entitlements how would I have known this? The woman in jobcentre seems sure i will get backdating? or is she just misleading me? im devastated i never knew of these entitlements before

thank u for responding, im just so confused xx

Wicked_witch

Hi,

I do feel for you! I'm afraid the previous replies are likely to be correct though. I missed out on over a year of income support top up when I became a carer and wasn't entitled to any backdating, even though no one told me about it. To be fair, it is mentioned as a possible entitlement in the leaflet about carer's allowance, but I assumed it would only be for single people so didn't try to claim. As far as the DWP were concerned, that was my own fault.

I do completely agree that there should be someone whose job it is to tell people these things, but sadly there isn't. So please don't set your heart on getting thousands in back payments and be proud that you have shown your children the importance of working hard and paying the bills.

xxx

PS If you were told you weren't entitled when you were, you might have some sort of claim, but even then you'd need proof both that they told you that and that you gave correct information at the time. I imagine it would need to be official letters, certainly not just your word vs theirs

kerrann

Im just glad i am now aware of it, but when my hours go up i will not be entitled to anything haha. Not that i was getting in the first place. Im just more upset looking back at how we all struggle sometimes making ends meet and to find out i could of had help when they told me i couldnt. It was many years ago i had that conformation letter, i know i dont have it anymore. But maybe, just maybe they might have it on system? i will try though, and if anything i have came away a bit wiser.
thank you xx

kerrann

though i have seen similar post on here saying ............

Hi,

My 1st post and I wonder if anyone can help me with some information.

My husband is severely disabled and last year I discovered my local council had underpaid us housing benefit and council tax benefit for 4 years. This amounted to a considerable amount of £5000.
This caused considerable hardship to us during this time.

After numerous calls and letters it was finally sorted out and they paid us the underpayment in october last year.

We still have this 5K in our bank account and because of the 5k and other savings we are just over the 6k limit? allowed on HB and CTB before they start deducting money from our benefits again.

I am sure that there are rules re underpayments of benefits do not count when calculating savings for benefits for a set period of 1 year. After this year is up they are counted as savings. Can anyone confirm this and point me to the relevant rules so that I have some definite proof regarding this rule.

xx

CIS

and council tax and housing benefit have known my situation back then and through to now.

The onus is on you to claim - why do you think the HB/CTB team knew your circumstances ?

CIS

The woman in jobcentre seems sure i will get backdating?

The JC don't calculate it so I wouldn't set your hopes on it.

princessdon

The way I read the previous successful claim was that they got it wrong. eg they applied for it were told they got £50 instead of say £150. They would then have all the proof they needed to get it backdated.

You need proof. You need your application and their award letter (or ask them for it).

I really hope you get it, be a nice bonus for being a working mum, but don't set your heart on it.

If you can't prove you made a claim, its looking slim.

kerrann

CIS wrote: »

The onus is on you to claim - why do you think the HB/CTB team knew your circumstances ?

because at times i fell behind with the payments as it has been difficult paying full rent and council tax, therefor i had to set up repayment direct debits and also they had to know my financial side and ingoings and outgoings, how many hours i worked etc for them to come up with repayments amounts for me to pay them back. Also getting my jobs through jobcentre all my details etc go on file.

And sometimes im aware they should also pass onto housing benefit and c.tax benefit??

And to find out that if i was getting what was due to me, i wouldnt of struggled like i did xx