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Housing benefit overpayment- URGENT
Comments
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When you claim benefits, they are usually paid into a bank account. The account doesn't however have to be your bank account, it can be someone else's bank account. When a claimant chooses to do this, they are still the claimant, the person receiving the money just receives it on their behalf. What happens to the money after it is received doesn't concern the LA/DWP.What about the person who received money?
By claiming and having the money paid into your wife's account, you were basically giving the money away. In this instance you were claiming money you weren't entitled to, and giving that money away.
You may be lucky, and the tribunal may believe that you and your wife thought this was a joint claim and that your wife would amend the claim on both of your behalves. But you may be found liable for the full amount, whether you received it or not.0 -
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
Can this be related to me???0 -
Yes, that looks like it applies to you. You failed to disclose information. You are the claimant, you are the person they will recover the overpayment from.
Can this be related to me???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 both0 -
GirlFromMars wrote: »Yes, that looks like it applies to you. You failed to disclose information. You are the claimant, you are the person they will recover the overpayment from.
But is says that can be recover from person who received money or both!!! She knew that this claim should be close and she did it but 19 months later! She failed to disclose information as well0 -
I genuinely feel for you, and I genuinely hope the tribunal see that this was a mistake, and that the housing benefit you claimed should have been claimed by your wife, to offset the repayment, but, I don't feel that helps you.But is says that can be recover from person who received money or both!!! She knew that this claim should be close and she did it but 19 months later! She failed to disclose information as well
Whether or not they can recover the money from your wife or not is irrelevant. They can recover the money from you, all of the money, and that is what they are trying to do.
Personally I read those clauses as being if a fraudulent landlord misrepresented the truth & received Housing Benefit erroneously they could recover from the landlord. They may apply to your wife, but don't count on that helping you.
You need a lawyer who understands benefits. Good luck!0 -
It looks like I will have to pay back. Can someone tell me how much I will have to pay monthly? What's gonna happen to me?0
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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)
--- this does not apply as the overpayment WAS caused by failure to disclose
• 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
--- you were the claimant. you failed to disclose that you moved out. So, it is definitely recoverable entirely from you.
You were the claimant and you had a legal duty to notify a change.
Even though your partner was correctly included in your claim, she didn't have a duty to report a change. She *could* be held liable IF she "misrepresented" which basically means actively lied at any point. So, if at any point after you moved out, she actively told them you hadn't moved out the council *could* chose to try to recover from her. however, it is unlikely, as you are still liable.
• 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
--- it could only be official error if the council knew you had moved out, but didn't close your claim. you have already said you didn't tell them as you believed your ex would do it. did you tell any other council dept eg council tax? did you for example claim another benefit, eg JSA / WTC at your new address? it is very slightly possible that the council had any info you not living there at an earlier date? even then, it would probably still be entirely recoverable from you (even if council made a mistake, you also did).
as you say you have submitted an appeal you should have received the appeal submission from the council a big wordy document with all the relevant law and facts of the case?
you could ask for a copy of your whole claim file, so see if there is anything mentioned above. most councils charge £10 for this.
i am sorry if i sound harsh, i do feel sorry for you cos it was a silly mistake, but i am quite experienced in these things and i am 99.99 % sure you will have to repay this.I work in Housing Benefits however my comments are my own understanding of the law / procedures and you should also check with your local authority.0 -
by the way, i do agree it is terribly unfair. your ex basically had the intention of fraud, but technically, did not legally commit fraud, because she did not claim the benefit (even though she was your partner)
sometimes the law just doesn't work quite right
I work in Housing Benefits however my comments are my own understanding of the law / procedures and you should also check with your local authority.0 -
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hbgirl how they will recover that overpayment from me? It will take me 20 years to pay this in full.
I never received any documents from council related to my appeal. I just sent them letter.
What should i do now? Go to Tribunal or try to agree something with council?0
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