Housing Benefit overpayment

Skinnymoo

Am hoping for some advice, bit long winded...... Back in March just before Easter rang WT to end my childcare element, then couple of weeks later I get a new award from HB, the 22ns April, my award actually had gone up by just over £12 a week, plus my council tax award rose as well, I rang HB to ask why my award had gone up, on the 29th April, I stated that my childcare element of WT had stopped( I actually thought they had been taking the childcare costs into consideration as the award had gone up) I said I thought the award was incorrect... they emailed the council, I rang back to be told it was correct, past awards and the present one, I was unhappy with this and rang back numerous occasions to say I thought the award was wrong, and that my childcare had stopped. I was repeatly told that the award was correct, eventually on 24th July I went to the neighbourhood office where the advisor worked it out and said they were overpaying me, great, anyway he emailed the council and it took a further 6 weeks for them to get back in contct with me and say I now owe £756 in HB, which they want back at £10.80 a week, plus a new CT bill has arrived and I am now liable for the whole amount £600 plus, at £95 a month, as if this wasn't bad enough my HB award has dropped by £41 a week, plus the overpayment amout, which leaves me abt £330 a month worse off. I am appealing and rang yesterday HB, the advisor said the on my account the council said they did not find out my Childcare had stopped until28th June!! This is a lie, they are I presume trying to account for their mistake.....I looked at my award notices and the one dated 22nd April where it says TOTAL WEEKLY INCOME is down from the previous award, a couple of weeks earlier by £122. which was 70% of my childcre costs paid by WT, HB always knew in days if my WT changed even by pennies so I find it had to beleive they never knew abt the end of my childcare costs! The award did say less expenses which was the childcare I now realise. So in the income column the childcare had gone but not in the less expenese column. did I am really upset by this,I have appealed but think I will get nowhere. Every time I rang from April until June I told them abt the childcare that it had stopped. Sorry this is very long winded would appreciate some advice please.

Skinnymoo

Anyone please?

pmlindyloo

Sorry no-one has answered but it is quite complicated!

I'm not an expert but have found this:

How are overpayments of Housing Benefit and Council Tax Benefit recovered?

Most overpayments of Housing Benefit (HB England, Scotland, Wales) (HB Northern Ireland) or Council Tax Benefit are recoverable.
However, they are not recoverable if:

• It was caused by ‘official error’ (this means an error by the local authority, the Department for Work and Pensions or HM Revenue and Customs), and
• You did not contribute to the error, and
• You could not reasonably have been expected to know that you were being overpaid.

You say you have appealed. Did you include the dates, times and people you spoke to? Hopefully the calls are recorded. It also sounds as if there are emails about this. Plus, your neighbouring council officer will have a record.

I can't offer any help other than what you have already done - appealed.

At least this will 'bump' up your post in case someone else can help further.

Skinnymoo

Thank you for your reply. I do not have all the dates of the call I made nor who I spoke to, when I rang yesterday, the girl I spoke to said they are informed by something, computor progamme? the name begins with an A, anyway she said that they were only informed on the 28th July by this that my childcare element had ceased, they must be lying as when only a £1 change has happened to WT, they know and send out a new award as quick as in a week!

Housing_Benefit_Officer

Local Authorities are notified by the ATLAS system of changes of Tax Credits - we are not notified the reasons why the Tax Credits changed (i.e. increases or decreases in income, additional children, child care costs stopping or starting).

These changes you would of course have notified the Local Authority in writing so they would have your letter on file that states your child care costs have ceased?

pmlindyloo

The OP said ''on the 29th April, I stated that my childcare element of WT had stopped''.

My understanding is that this kind of notification can be done by telephone.

Hopefully, there will be a recording.

Edit

In fact, rereading the post it seems that the OP told them numerous times.

Skinnymoo

Housing_Benefit_Officer wrote: »

Local Authorities are notified by the ATLAS system of changes of Tax Credits - we are not notified the reasons why the Tax Credits changed (i.e. increases or decreases in income, additional children, child care costs stopping or starting).

These changes you would of course have notified the Local Authority in writing so they would have your letter on file that states your child care costs have ceased?

That's what she said Atlas.She said they informed HB on the 28th July that my childcare costs had stopped yet this had been stopped and deducted my from income(whether they knew that it was childcare costs or not) on the 22nd April, it couldn't have stopped twice. I did not write a letter only phoned.No mention of Atlas not saying why it had stopped.

fluffymovie

I think there is a bit of confusion here.

Your Working Tax Credit award included an amount for Childcare costs before April. At the same time, your Housing Benefit assessment allowed an expense of childcare costs (up to £175pw for 1 child, £300 for 2)

When the ATLAS record was received, your Working Tax Credit reduced and this was the only change made to your award. The Council still kept disregarding your Childcare costs as they were not aware, at that time, that this was the reason that your WTC had decreased.

You state that you notified them of the change in which case, you were aware that your claim was incorrect. You will need to show that you did this as their argument will be that you were reasonably aware that you were being overpaid as you had your letters showing an expense of child care.

I am aware that on 1 of the 3 main systems used to assess HB, the letters are not very clear on Child Care costs but have taken a case very similar to this, to an appeals tribunal and the appeal was disallowed.

There is a commissioners decision which I use in such cases

Commissioner Rowland set out the position succinctly in CH/0866/2006 and I suggest you use this:
"I am conscious that the claimant has had her difficulties and I appreciate that this is a strict approach but it is the approach required by the legislation and it is important to remember that no penalty is being imposed on the claimant; she is merely being required to repay a considerable sum that she should never have had".

Of course, every case is different but I think it's important to explain the HB dept's likely view.