Overpayment in council tax and housing benefit?? not my error....

sashybashy

Ill try to keep this as short and easy as possible...

2009-2010 i was a single parent, employed part time and paying £80 a week in childcare, receiving working tax, child tax and full HB and CTB.
end of 2010 i started on income support as had to leave work due to a family bereavement, my child started the free nursery place at local school, was told by HB and CTB that income support overruled anything else and to my knowledge all was fine.
skip to beginning of 2012 i started work again, part time, single, child in full time education, tax credits received, full HB and CTB. HousingBenefit and CouncilTaxBenefit required; payslips and tax cred award as proof.. sent, all was well they calculated award and payed out...
jump to jan 2015, partner moved in, HB and CTB requested all joint income, bank statements accounts and proof i still pay childcare costs?!?! I rang up immediately and said i hadnt payed any since prior to 2010 to which i was told they have always been on my claim and a disregarded income of £80 per week used to show this. I requested they look at my tax credit award given in 2012 to which they admitted it stated NO CHILDCARE COSTS however it was still my fault for not checking my benefits notice from HB and CTB where they don't do a breakdown anyway just state disregarded income£..... and less expenses£.... which i assumed they work out from all my evidence...
Now i have been slapped with £2000 of overpayment which is apparently all down to me for not checking, when they didnt check my evidence in the first place...

so.... not short and sweet, sorry but any advice would be greatly appreciated as im fighting a losing battle as they all close ranks and point the finger at me when i feel as they havent done their job by checking what they asked for....
My head is melted

fluffymovie

Hi

Unfortunately this is a case of local authority error but one in which they can argue you should have been aware you were being overpaid.

I have taken a similar case to appeal and the judge found in the LA favour as the claimant didn't check her letters.

Your argument that you didn't know what the disregarded income was wont hold as if in doubt, you should ask.

However, if certainly appeal which will mean recovery of the overpayment will be placed on hold

sashybashy

Hi fluffymovie,

Thanks for your reply. If i have proof that they received evidence back in 2012 of Tax credit award stating i had no childcare costs does it not then state that initially it was their error for not checking the evidence supplied to them upon their request?
The benefits notices are complex to understand in that they have no breakdown of what income they take into account for what... i.e. 'disregarded income and less expenses' are not explained, just have a figure that in my good faith i understood was based on everything ive sent. Since 2010 they have had no notification i pay childcare, nor have they asked for any clarification into this... 5 years is a long time to assume someone is paying it without needing registration information, receipts etc to back this up.
The benefits office now has refused to give me further information or discuss the matter further. And have since ,ade another 3 errors on my claim, all documented, and put down to 'human error' as it sits in their favour. I just find it all unfair and unjust when i provided everything they asked for and they just didnt check/question it... x