Housing benefit overpayment- URGENT

tucia

I just received another reply from council:
Mr ... is responsible for the overpayment because he was the person who made the claim for benefit. Their claim was in Mr ... name and this is why the overpayment is recoverable from him. It is not the case that they are jointly responsible for the overpayment. I am sorry if you have received conflicting information regarding who we can recover the overpayment from. Confusion may have arisen as if a council tax debt is in joint names, the couple is jointly responsible for that debt and we can seek recovery from either party.

NYM

tucia wrote: »

I just received another reply from council:
Mr ... is responsible for the overpayment because he was the person who made the claim for benefit. Their claim was in Mr ... name and this is why the overpayment is recoverable from him. It is not the case that they are jointly responsible for the overpayment. I am sorry if you have received conflicting information regarding who we can recover the overpayment from. Confusion may have arisen as if a council tax debt is in joint names, the couple is jointly responsible for that debt and we can seek recovery from either party.

So the claim was in your name only ?

Was it paid into a joint bank account ?

*edit* Did your wife make a separate claim once you'd moved out ?

tucia

NYM wrote: »

So the claim was in your name only ?

Was it paid into a joint bank account ?

*edit* Did your wife make a separate claim once you'd moved out ?

I was the main claimant but her name was on application as well.
Yes she did after 19 months. She closed joint claim and open new in her name only.
The bank account was only in her name.

NYM

tucia wrote: »

I was the main claimant but her name was on application as well.
Yes she did after 19 months. She closed joint claim and open new in her name only.
The bank account was only in her name.

The email suggests it wasn't a joint claim. It was in your name only.

tucia

NYM wrote: »

The email suggests it wasn't a joint claim. It was in your name only.

Omg I just checked old letter about HB and only my name was there so it means that claim was done under my name only but benefit was paid to her account.
Do I have any chance to win this or not?

tucia

So the overpayment can be recover only from me or from the person who received money???

NYM

tucia wrote: »

So the overpayment can be recover only from me or from the person who received money???

Yes, only you. The claim was in your name and as you weren't living in the property, you were not entitled to claim HB.

tucia

NYM wrote: »

Yes, only you. The claim was in your name and as you weren't living in the property, you were not entitled to claim HB.

What about the person who received money?
Can someone explain this to me:

Hb overpayment guide 2015
4.20 From 06 April 2009, HB Reg 101(2)/(SPC) 82(2) was amended in order to clarify the legislative intent. It states that an overpayment
• which was not caused by a misrepresentation, failure to disclose information or an official error is recoverable from both the claimant and the person to whom it was paid (landlord/agent)
• which was caused by a misrepresentation or a failure to disclose information, is only recoverable from any person who misrepresented or failed to disclose that information. This could be the claimant, a person to whom it was paid (landlord/agent) or both
• which was caused by an official error, is recoverable from any person who could reasonably have been expected, at the time of the payment or any notice relating to the payment, to realise that it was an overpayment. This could be the claimant, person to whom it was paid (landlord/agent) or both

Caz3121

tucia wrote: »

What about the person who received money?

do you really think she will repay it to you or the council?
Given the situation your claim should have been closed and she would have opened her own claim and probably received the same benefit
Unfortunately your failure was not closing your claim (as you were no longer entitled to housing benefit for a property you did not live in) and believing her when she said she would sort it out
I am not sure whether they will consider if the housing benefit would still have been paid for the same property to a claim in her name alone and offset this

NYM

tucia wrote: »

What about the person who received money?

YOU received it, even though you had it paid into someone else's bank account. What they chose to do with it, such as pay their rent, isn't the issue. In effect, you claimed HB but were not entitled to do so as you didn't live in the property.

That's how I see it.