Housing benefit overpayments

Ricky_C

Hello, I'm wondering if anyone can help me, last year around sept/aug my esa benefits were stopped as I missed my medical appointment, I was then given lots of wrong information about what i needed to do next, I was told to put in a rapid reclaim for esa however I was told 6 weeks later that this isn't the case and I need to appeal the decision and claim JSA in the meantime.

I never put a claim for housing for this period as I was not in receipt of any benefits so therefore was not legible for any housing benefit, I then began to receive JSA and as soon as I had this I began my claim for housing.

I was turned down housing benefit for this period yet an overpayment was made and I was told I would have to pay this back.

Fast forward to this year and I won my ESA appeal, I recently appealed their original decision re housing and they had decided to award the outstanding amount which was around £700.

However they have been deducting a certain amount from my benefits since November last year, am I correct in thinking that I can claim the deductions back as I am now deemed legible for that period?.

Thanks in advance for taking the time to read and reply

fluffymovie

Hi Ricky C

Sorry but I don't think I understand. You say you were not awarded benefit for this period but then say that you were overpaid?

Could you just clarify what the letter about the o/p said perhaps as I think we may not be able to help from what we have at the moment?

Ricky_C

I'm not entirely sure what has happened either if I'm honest, I've just had a dig through all my paper work and am real confused.

The first few lines of the letter about o/p are as follows -

An ongoing deduction of 10.65 per week will be taken from your housing benefit payments in order to clear the invoice(s) listed below. These deductions will start on the 3rd of December 2012 and will continue until the total overpayment is recovered in full. This notice replaces and previous arrangements that may have been in place

Invoice - ****** Balance - £231.78

I then recently asked for it to be looked at again as I need to move into a more suitable property for my needs. I received help in the form of various backing letters from different people and this is the response I received a week or two ago.

Thank you for your letter which the authority received 24th July 2013 and in which you have asked for a revision of the decision dated 22nd November 2012 not to backdate your claim for housing benefit and council tax benefit for the period of 13th August to 8th October 2012

I would also like to explain that backdated benefit can only be awrded where good cause can be shown throughout the period as to why there was a delay in making the claim.

I have looked at the decision again and I have changed it. Due to the fact that the DWP has backdated your claim for ESA I also believe that you have good cause to for your HB and CTB claim to be backdated.

Housing benefit totalling £618.08 has been awarded for the period of 13th August to 8th October 2012, which will be paid to your landlord and council tax benefit of 108.50 has been used to rduce your council tax arrears




I'm generally confused as to what this means. Am I correct in thinking that my landlord has been paid twice for the same period of time or am I just plainly wrong. I'm over the moon to be able to move anyhow but feel like I've been paying money out that I rightfully shouldn't have been, and now my landlord is due to receive it again. I couldn't find all my paperwork but if more is needed I shall get digging.

My housing officer seems to think I'm wrong and I have an appointment to see her on the 27th August but would just like some information beforehand

Thanks

Ricky_C

Anyone have any idea if I'm correct or not?

Thanks

Ricky_C

Anyone have any idea?