HB overpayment

1966worldcup

Hi, I have a massive hb overpayment in my name. I lost my appeal and am currently paying a small amount back a month. The claim was in my name only. Can the Council try to get the money back from my husband if he were to earn quite a bit more in future than he does now? I was the only one questioned by the Council as it as in my sole name?

MidnightHour

You answered your own question, you were the claimant, you were overpaid, you are the one who has to pay it back.

princessdon

MidnightHour wrote: »

You answered your own question, you were the claimant, you were overpaid, you are the one who has to pay it back.

Does your hubby and did your hubby live with you?

1966worldcup

Hi, yes he did and still does.

1966worldcup

Hi

I am finding this situation extremely stressful. How am I supposed to pay back £15,000. I am stopping my HB at the end of the month as I will take the rent money out of my business as I want to support myself and have nothing to do with benefits. When my benefit was stopped I wasn't getting anything for over a year while I was appealling the decision. Do you think there was an underlying entitlement at all. I have looked at all the DWP Guides but find them very confusing? Thanks in advance for any advice.

jacques_chirac

You don't give us enough information to advise - how was the overpayment incurred, was your husband a party to the claim? Your underlying entitlement would depend on your household income and capital at the time.

1966worldcup

The overpayment was because the Council said the tenancy wasn't on a commercial basis. My landlord is my mum which the Council know about and don't have a problem with. I was a bit erratic in how I paid the rent and quite often gave her cash rather than doing a bank transfer every month. If I'd known I had to pay it monthly by standing order I would have done. We were declared Bankrupt a few years ago and were unable to rent in the normal way that's why we rented from my mum. At the time our claim was stopped we were and still are on a low income. Thanks

1966worldcup

The claim was in my name only.

jacques_chirac

1966worldcup wrote: »

The overpayment was because the Council said the tenancy wasn't on a commercial basis. My landlord is my mum which the Council know about and don't have a problem with. I was a bit erratic in how I paid the rent and quite often gave her cash rather than doing a bank transfer every month. If I'd known I had to pay it monthly by standing order I would have done. We were declared Bankrupt a few years ago and were unable to rent in the normal way that's why we rented from my mum. At the time our claim was stopped we were and still are on a low income. Thanks

I can see their point, the relaxed nature of the tenancy is not something that would indicate a commercial one.

Someone else will be able to confirm, but in order to have an underlying entitlement you would need to be liable for payments, and in the eyes of the LA you were not.

Is your self employment profitable? If not, is it time to look for regular employment?

1966worldcup

Hi, thanks for that. It's the 13 months that I didn't claim as I was waiting for the appeal hearing, hope someone can advise if there was an underlying entitlement then. My self employment should be profitable in the next year or so as there were set up costs at the beginning. It's also flexible as I have two children too.

Caz3121

1966worldcup wrote: »

The claim was in my name only.

Was your husband named in the claim and his income included in the household income figures