Civil Penalty advice- urgent

AnxiousAnnie_3

anmarj wrote: »

Premium in the housing award would have to be chased by LA, but they may of been told or checked on the common enquiry screen (you hope!) that Carers was in payment, so would of based their award on that.

Civil penalty would only apply to overpayment that wholy started off after October 2012, which is £50. I think the OP's friend has misread that bit (the letter would still contain all the details but would have nothing against the CP part of it)

OP has stated the letter has talked about Carers Allowance, which makes me think that she was getting a reduced rate due to the basic element of the State Pension being under the amout of Carers Allowance ie for example basic pension £40 carers allowane £15 (using 2011 rates), if the friends husband turned 65 after 2011 and the wife should of then had an increase in the basic which would then taken her off Carers and give her the underlying entitlement, which has only just been picked up, that could explain why it is now only coming to light - she would of then had arrears from State Pension.

If this is the case, State Pension "should" have offset any overpayment of CA against those arrears.

Helena249

thank you for all your replies, so appreciated, I a have made a note of all the comments and will go and see her and reread the letters she's been sent, the civil penalty letter definitely said it was an over payment of carers allowance, I think her and her husband need to get into the CAB as soon as possible, when she recently spoke to the council tax office , they advised that somebody do a total benefit review on them. They did go to an "advice centre" and the lady dealing with this said she had never come across such a contradiction in all the letters they sent, and even she was confused ,hence me trying to help them after 3 hours with this person they were no further on. I will get more info and come back if that's ok.. many thanks everyone.