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Overpayment of Housing Benefits £14k



  • allen35
    allen35 Posts: 1,516 Forumite
    The decision of whether to prosecute or go to court is a decison to be made by the LA fraud team.

    As you say the best plan is to hold your hands up, explain the oversight and ask for time to pay the overpayment in instalments.

    I doubt very much £10 pw will be accepted when more than this is expected from people living on benefits.

    Eventually if accepted you will be required to submit an income/expenditure form showing excess income.

    Be sure not to include your parents mortgage payments in this as it will be disregarded, they are going to have to look at alternative ways of meeting their liability, maybe ask mortgage provider for reduced payments or look to downsize.

    Check that your parents are getting all the benfits they are entitled to such as help with their mortgage costs.
    Forums can be/are a good guide to entitlement and it is good practice to back it up with clarification from the relevant department/specialist with written confirmation to safeguard yourself.
  • dippy3103
    dippy3103 Posts: 1,959 Forumite
    First Anniversary Combo Breaker First Post I've been Money Tipped!

    Have the investigations team indicated that they intend to interview you?

    And the council not reasessing your benefit isn't the issue here. You have a responsibility to report changes in circumstances to the council. Not the jobcentre. I doubt very much that it will be accepted that you were not aware for 4 years.

    The council will decide if they will prosecute you or not- most councils will for that amount of money over that period of time. A custodial sentence is unlikely but could happen. Repaying the money will not prevent the council from taking you to court- it will be recovered either way.
  • pmlindyloo
    pmlindyloo Posts: 13,053 Forumite
    Name Dropper First Anniversary First Post
    Ok, let me clarify a few things.
    First of all I am a she and not a he, under 30, not married or do i have any kids. I am not into designer brands or do not drink or smoke. I raise my hand up and whole heartledly I am very bad with my finances. To me , as I have stated, i have always been in my over draft of about 2,600. when i get paid, i pay whatever needs to be paid, then the rest i spend. Ys I should have realised there was an extra 300 every month that doesnt add up, again, i do not check my statements which I should have.
    I have never had anyone living with me nor do i have a second job that is cash in hand. I have just had a few one full time job throughout the years ( i have changed a few times but have always been in jutsr full time employment. I have never been reassesed by the council or anything else like that. and i have moved address a few times too.
    Based on everything that has been written above, i think the best course of action would be to just show the council my bank accounts and show them how much disposable income i do hav at the end of every month then i can say to them i'll pay back 10 pounds a week or something.
    I do not think it is worth me contesting or this going to court or anything as I do not want to lose my job or anything else like that.

    You cannot just 'show the council your bank accounts' to prove to them how much disposable income you have left.

    That is not the way it works.

    You have to complete an income and expenditure form.

    There are what are called 'trigger figures' for each part of your expenditure. So, depending on your personal circumstances there are certain maximum amounts that you are allowed to spend on food/travel etc etc.

    These figures are not publicised but CAB will know what they are.

    This is done because people may be spending too much on clothes or other things each month when they have a debt to pay.

    Plus, there is also a minimum amount of money that is accepted when paying back an HB overpayment.

    Do yourself a favour and contact CAB.
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    Combo Breaker First Post
    This website has a budget planner. Download it, populate it with your actual commitments then work through the site to identify where you can slash living expenses - cheapest phone tariffs, groceries, travel, etc. This revised budget, one that you can stick to, may help you uncover extra income to pay back your overspend.

    Like the previous posters, I don't think tossing them your bank statements is going to be enough.
  • NYM
    NYM Posts: 4,066 Forumite
    First Anniversary Photogenic Combo Breaker First Post

    First of all I am a she ....

    I thought you were.. Not that it makes any real difference :)

    ...show them how much disposable income i do hav at the end of every month then i can say to them i'll pay back 10 pounds a week or something....

    Until you sit down and analyse your income and expenditure you won't be able to establish the amount you can afford to pay back.

    Please do as others have suggested, and complete the form
    (I think you can find a link to one on the Debt Free part of the main site :)
  • fed_up_and_stressed
    It still hasn't been clarified as to why the OP has been paying her parents mortgage and if there is a way of them repaying her the money she owes in overpaid HB. E.g remortgage / downsize.
    Spelling courtesy of the whims of auto correct...

    Pet Peeves.... queues, vain people and hypocrites ..not necessarily in that order.
  • starbright789
    fedupandstressed, as the oldest kid it is my responsibility to help my parents towards their mortgage, i do not pay their entire mortage I just contribute whenever I can, be is £50 a month or £70, I help them out whenever I can.
    And no, i cannot get my parents involved in this,
  • nannytone_2
    nannytone_2 Posts: 12,955 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    so you pay £50 or £70 a month towards your parents mortgage and only have £42 a month after bills when you have been receiving £300 a month in HB that is overpaid?
    that leaves you with a deficit of around £200 every month!
    so you spend on average £50 a week MORE than you earn and haven't noticed?

    do you live with your parents?
  • 10pence
    10pence Posts: 348 Forumite
    Ok, let me clarify a few things.

    . I have never been reassesed by the council or anything else like that. and i have moved address a few times too.

    You have changed addresses during this period of not knowing you've been in receipt of HB?
    Don't you have to re-apply for HB each and every time you move supplying a new tenancy?
  • Poppops
    Poppops Posts: 313 Forumite
    My elderly parents, dad at 76 with dementia, receive £5 per week HB and £7 per week CTB and every year they receive reminders until they send in the new pension slips they receive from their works pension.

    So I am really confused. Does everyone not have to provide proof of income every year? For some people, does HB continue to be paid at the same rate until you tell them otherwise?
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