Overpayment in housing benefit repaid in full '09 Now contacted for Admin penalty

gaznkaz08

I received an overpayment in housing benefit for may'06-jul'06. I was given the option to avoid to court, to pay it back plus a certain % on top as a fine/penalty which i took.

We set up a direct debit to pay it all back plus the fine (£350)which we did without fail. I contacted the office when we thought we'd cleared the debt just to confirm we were correct in late 2009. The office told us that we'd actually over paid by £270 and that we'd be getting it back and also that the current months payment had just come through so we'd be getting another £50 back the following month. I asked them to check the figures as this didn't seem correct but they insisted it was all correct and now fully settled and all dealt with. We received £270 in sep'09 and £50 in oct'09.

I've now received a letter stating i must now pay the administrative penalty that i'd agreed to in 2007 totalling £355.

I've contacted the office to be told they'd never applied the fine at the time to the total i had to repay, therefore i must pay it now. I told them i've already paid this once and was told i'd overpaid. They can even see on the system that they've paid it back to me in 2009 but there's nothing they can do it needs paying again and thats that.

Is this right??? They've already had this money once, then gave it back to me saying i'd overpaid, they now want it again 3 1/2 years later??

Housing_Benefit_Officer

gaznkaz08 wrote: »

I received an overpayment in housing benefit for may'06-jul'06. I was given the option to avoid to court, to pay it back plus a certain % on top as a fine/penalty which i took.

We set up a direct debit to pay it all back plus the fine (£350)which we did without fail. I contacted the office when we thought we'd cleared the debt just to confirm we were correct in late 2009. The office told us that we'd actually over paid by £270 and that we'd be getting it back and also that the current months payment had just come through so we'd be getting another £50 back the following month. I asked them to check the figures as this didn't seem correct but they insisted it was all correct and now fully settled and all dealt with. We received £270 in sep'09 and £50 in oct'09.

I've now received a letter stating i must now pay the administrative penalty that i'd agreed to in 2007 totalling £355.

I've contacted the office to be told they'd never applied the fine at the time to the total i had to repay, therefore i must pay it now. I told them i've already paid this once and was told i'd overpaid. They can even see on the system that they've paid it back to me in 2009 but there's nothing they can do it needs paying again and thats that.

Is this right??? They've already had this money once, then gave it back to me saying i'd overpaid, they now want it again 3 1/2 years later??

Yes. Looks like they have only just realised their !!!! up and are attempting to recover it again. The idiots failed to credit the Admin Penalty charge and put the whole amount you paid onto the Housing Benefit debt - hence refund.

poppasmurf_bewdley

Yes, of course they can. Why does three and a half years make any difference?

There is no time limit on local authorities claiming back money owed. And this is a penalty, so is treated exactly like a court fine. You must have made a false claim to have been fined.

gaznkaz08

Housing_Benefit_Officer wrote: »

Yes. Looks like they have only just realised their !!!! up and are attempting to recover it again. The idiots failed to credit the Admin Penalty charge and put the whole amount you paid onto the Housing Benefit debt - hence refund.

So they have messed up then, The fact i've paid this once and they said that i'd overpaid means nothing then?

gaznkaz08

poppasmurf_bewdley wrote: »

Yes, of course they can. Why does three and a half years make any difference?

There is no time limit on local authorities claiming back money owed. And this is a penalty, so is treated exactly like a court fine. You must have made a false claim to have been fined.

I'd continued to claim for 8 weeks as i'd got a job but only on a temp day to day contract, the minute it went permanent i stopped the claim. Being the first time i'd ever claimed i just presumed like the tax credits it would be a simple case of it being adjusted/ paying it back once all my tax/ p/60 and bits were done at the end of the year. Didn't think it would go down the court route at all.

Housing_Benefit_Officer

gaznkaz08 wrote: »

So they have messed up then, The fact i've paid this once and they said that i'd overpaid means nothing then?

No - the money you paid went onto your Housing Benefit debt instead of both the Admin Penalty charge and the Housing Benefit Debt. You still owe the Admin Penalty Debt.

gaznkaz08

Housing_Benefit_Officer wrote: »

No - the money you paid went onto your Housing Benefit debt instead of both the Admin Penalty charge and the Housing Benefit Debt. You still owe the Admin Penalty Debt.

So they can quite happily have taken money off me for 5 months that they weren't entitled to and just say sorry here have it back, but myself taking money off them for 8 weeks is a criminal offence and could land me in court??

Sounds fair......

Housing_Benefit_Officer

gaznkaz08 wrote: »

So they can quite happily have taken money off me for 5 months that they weren't entitled to and just say sorry here have it back, but myself taking money off them for 8 weeks is a criminal offence and could land me in court??

Sounds fair......

Such is the wonderful workings of Local Government.

You mess up you get fined.

The Council mess up - you got to pay the fine again.

fluffymovie

Housing_Benefit_Officer wrote: »

Yes. Looks like they have only just realised their !!!! up and are attempting to recover it again. The idiots failed to credit the Admin Penalty charge and put the whole amount you paid onto the Housing Benefit debt - hence refund.

I am really surprised to see such a message from a benefit professional on here.

Depending on which system you use, northgate or Capita, it can be complicated and calling people idiots is not helpful.

Just stating a POV but I would say that if the OP received a calculation of what was owing, including Ad Pen, it would simple enough to confirm what payments had been made and then go from there.

gaznkaz08

Well it took a while but i've received a letter from the council basically saying they did mess up big time on a couple of points and as a result, the money is no longer outstanding.

Dovah_diva

fluffymovie wrote: »

I am really surprised to see such a message from a benefit professional on here.

Depending on which system you use, northgate or Capita, it can be complicated and calling people idiots is not helpful.

It's his/her favourite turn of phrase. Really make HB officers look great.