is my HB overpayment in my BR

fluffy70

in 2009/10 I was overpaid HB because although I had an incremental increase in salary I didn't let the HB department know (I work for the local authority and stupidly didn't let them know)

as a result the counter fraud unit interviewed me and went through all of my paperwork but decided that they wouldn't take it any further - I then received a CCJ from them and an attachment of earnings to repay the overpayment. The CCJ was £3k in total with fees.

I went BR in June last year and now have to apply for HB as I really cant afford my rent in the private sector on my salary - my worry is though will the HN overpayment be included in my BR or will they try to make deductions from anything I'm awarded as HB or worst case scenario will they award me HB but I get nothing as they will take it to repay the overpayment?

I've seen some other (but a lot older) posts about overpayments still needing to be paid if they were fraud - but as this wasn't taken any further as fraud and it was accepted into my BR by the OR without question when we went through everything in my telephone interview will it be cleared when I'm automatically discharged on Friday?

Thanks in advance

National_Debtline

Hi fluffy


It seems to me that this debt is provable in your bankruptcy and will be cleared like all the others upon your discharge. No indication was given by the investigators that they deemed the overpayment fraudulent, and the actions taken against you were purely civil ones (the CCJ and attachment of earnings) as opposed to a formal caution or prosecution - which could have been sought in the event of fraud.


As such, no action can be taken by the council to recover the debt from any new award you may now receive.


Dennis
@natdebtline