£250 Housing overpaid

jago25_98

Since I can now afford to I have paid the overpayment.

But I wonder if I needed to because:

1) The overpayment was indeed when I was unemployed but I couldn't sign on because I was in interviews and on trial with the company I now work for

2) I don't live at that address anymore and I informed of this by email. Could they have damaged my credit rating at another address I use for purely for correspondence and for a credit rating? Of course I wouldn't do this to the people now living at my old address (a good friend) but it interests me.

p.s. I also just got a tax bill for my previous benefits. Apparently of the £300 I recieved (wow) all of that is taxable. Great! I wonder what the rate will be.

mclaren_2

if the DWP pay you more than they should, legally you must pay it back if they ask for it back

suelees1

You had one month to appeal the overpayment unless you have good reasons for not doing so. The absolute max is 13 months but you would have to have very very good reasons and there must be a good chance of the decision being overturned for such a late appeal being accepted.

If you weren't working or signing on you are still entitled to HB and CTB on a nil income. You should have challenged it at the time.

HB o/p will not affect your credit rating if it was simply a request from the LA. If they issued a county court summons then they might have referred it to a credit reference agency but I doubt it. I've been dealing with o/ps for 15+ years and never known it.

real1314

mclaren wrote: »

if the DWP pay you more than they should, legally you must pay it back if they ask for it back

Not true. There are many reasons why you might not have to pay it back, even if they ask. All depends on how the overpayment occurred.

suelees1

I agree with real. You always have a right of appeal.

jago25_98

Thanks for the help.

I've paid it back now but I feel better knowing my rights.
Although I've paid it, should I appeal and if so what would help me do so?

suelees1

As I said in my earlier post you'd have to have good cause for late appeal if it's outside the normal one month time limit. This is quite specific as I assume your decision letter gave details of your right of appeal. There are other reasons such as being too ill to deal with it and had noone else to help, given wrong advice by DWP/LA or an advisor, postal strikes, didn't get letters etc etc. The law states there has to be merit in the appeal as well as good reasons for it being out of time. There is merit in it in that you would have been entitled to benefit based on nil income but having good reasons for the lateness is another matter amd it's up to you to persuade them to accept this.