Housing benefit overpayment advice

Londoncheesecake

Hi all this is my first time posting and wanted some advice please. I received a 120 page letter in the post from housing benefit saying they have overpaid me by 6300 since March 2013. I am a single working mum who works part time in a professional role.
This all got flagged up on a recent review which consisted of handing over payslips recent tax credit notification and bank statements etc as I recently moved within the same borough in November. In the past I have done similar reviews on numerous occasions not holding anything back handing in all as asked. My housing benefit did not vary very much at all. I work for the NHS and my wages do vary slightly on a monthly basis but not huge amounts and my salary has always been on these wage slips and also at the end of year tax credit awards... Anyway it seems that the income they held on the system for me did not match that of my salary? I have no idea of where this figure came from and is out by a few hundred a month... I admit I never really looked at the letters in depth (but to be fair even looking at them now it's not very clear!) and to be honest I get a new housing benefit notification every other month and just assumed that the reason for these reviews were to get it correct! I also naively believed they worked with tax credits to get actual income.. They have received copies of my income in black and white! Apparently I was wrong to think this so now I sit with an overpayment of such a large amount and to say I'm devastated is an understatement.
I contacted the housing team as soon as I received it and she said not to worry this happens all the time and they will just take this money off of your benefit! £102 a month. I mentioned about legal support as after reading various forums I panicked about being accused of fraud which I certainly know was not the case but she said not to worry that 6k was not enough to warrant that and they would be taking a lot of people to court!
Now I have 14 days left to appeal but the problem is I have no receipts from when I moved as stupidly disposed of all old paperwork... However she said that they do hold records of paperwork sent in...Do I have any leg to stand on or do I have to take it the chin and be at a financial loss.. I just feel like working as a single parent is such a struggle and when things like this happen i question what's the point! I also want to add I do not have much faith in them as when reviewing it last I personally handed all documents in for them to lose it luckily had receiotvto prove I sent it and sent it all again they took over two months to review it.:mad:

marliepanda

It is ultimately your responsibility to check they have the right details and by the way you have written this you do accept they did inform you in those letters (you say it's not clear but you do not say it is not there) that they held incorrect information.

pmlindyloo

From what you say you have always given in your salary slips and you say they have records of this.

Although you should have checked your paperwork there has also been an official mistake it seems.

I would also agree that housing benefit/council tax paperwork is not that easy to understand.

It seems to me that this is worth an appeal.

You could do a Subject Access Request (SAR) to find out what information they do have on record.

At the very least you need to do an income and expenditure form and ask that they reduce the monthly reduction of HB to an affordable level.

You may wish to get some help from CAB or a welfare advisor with this.

Londoncheesecake

I understand that but thats the bit which has infuriated me! On the notifications the breakdown of income with other elements including child care etc makes understanding the calculations of the letter is impossible! I do not consider myself a stupid person but feel like I have been bamboozled with figures which as a result (due to their inefficiency to check against my actual wage) has left me in huge debt. Surely it's their job to get these things right especially after so many opportunities were given to them with my correct details? I'm guessing not by your reply :-(
It states on the large overpayment letter that I failed to inform them of a change of circumstances? Could I not write back and state that I have given them plenty of wage slips and tax credit notifications over the two and a half years to inform them? Or again will it just be put to me for not understanding the notifications? (Which do not state explicitly my income from wages just breakdowns which do not make sense to me!)
Arghhh!!!

Londoncheesecake

Thanks Pmlindyloo that advice has given me something to work with. It feels so unjust.

FBaby

The issue doesn't seem to be with the calculation of it all, which indeed, you could then argue that it is too complicated for you to have picked up an error, but your income. Surely this is stated in black or white and therefore an error you should have picked up at a first glance.

I do wish you good luck though as it must have come as a nasty shock.

Londoncheesecake

Thanks
Its the fact that I didn't pick it up at first glance or the glances after in my other letters! It wasn't clear and I naivly assumed that it was correct after handing in documents... It seems that this is one of life's lessons, not to assume everything is right even though you did as you were asked!

Bollotom

I do think that certain councils, one particular London borough, can't be bothered doing the adjustments in a timely manner as they know they can claw back any overpayments. It happened to me twice and the first time I appealed their "You should have known" stance. I asked why would a person not used to their systems be culpable. They said that was irrelevant. So I asked how long does a person making the decision train for and are they expected to just sit down and know the system. Again an irrelevance. I, as others do, have an online account where I can view all sorts, but it hasn't been updated since May this year. When I queried this I was told it was nothing to do with the council and to complain to the website. I asked who it was and they said they couldn't give out that info. It's no wonder that the Housing Dept of this particular council is being investigated for fraud, employing relatives and cash going walkabout. If they can keep you confused you'll never get to understand their systems. :cool:

tomtontom

Bollotom wrote: »

I do think that certain councils, one particular London borough, can't be bothered doing the adjustments in a timely manner as they know they can claw back any overpayments. It happened to me twice and the first time I appealed their "You should have known" stance. I asked why would a person not used to their systems be culpable. They said that was irrelevant. So I asked how long does a person making the decision train for and are they expected to just sit down and know the system. Again an irrelevance. I, as others do, have an online account where I can view all sorts, but it hasn't been updated since May this year. When I queried this I was told it was nothing to do with the council and to complain to the website. I asked who it was and they said they couldn't give out that info. It's no wonder that the Housing Dept of this particular council is being investigated for fraud, employing relatives and cash going walkabout. If they can keep you confused you'll never get to understand their systems. :cool:

Surely you don't need any training to understand that an increase in income will result in a decrease in housing benefit?

Londoncheesecake

Tomtontom that's if it's as simple as that and from what I have read it never is! My childcare has changed in this time a few times as has my rent costs due to moving. I was a Uni student to a working single parent in the profession I studied and the overpayment has backdated since then! So to be fair it seems they have never calculated my wages correctly from the start! So how am I supposed to notice such incorrect adjustments!!! It's ridiculous and as angry as I am I feel sorry for the vulnerable people out there claiming what they are entitled too as its a minefield!! I thought I was doing everything right! I certainly didnt want such debt and would have budgeted accordingly if I had known it was so out!! But now instead I have been landed with huge financial strain! Perfect way to go to encourage people to work!!! As it stands now I would be financially better sitting on my ........ Doing nothing!

missbiggles1

It's hard to see how someone capable of working in a professional role cannot have realised that they have been overpaid by nearly £300 per month.