Overpayment of Housing Benefit Appeal

hallowitch

My daughter intends to appeal an overpayment of housing benefit


can she go into her council and ask for copy's of the housing benefit forms that were filled in there is only 2


can you add to an appeal at a later date (assuming the appeal will be turned down and she doesn't get some of the information required to help with her appeal before the 28 day deadline )




thanks

dippy3103

What grounds is she appealing on?

Housing_Benefit_Officer

What aspect of her Housing Benefit overpayment is she appealing against?

hallowitch

the short version


she was in homeless accommodation (house) filed in a housing benefit form with her homeless officer for this property all good everything handed in used bank statements to prove income (all her paperwork were in boxes )


she was there 6 weeks got keys to new property homeless officer said she would transfer her housing benefit forms to her new address and send her a receipt


she was receiving a lot of breakdown's and final rent /council tax bills and recalculated bills e,c,t, at this time.
her previous property homeless property and her new property she received the same twice


she was awarded full rent rebate and didn't think it was right so she phoned them went through it on the phone and they confirmed all correct


she again phone them a few days later again all correct


a few weeks later she received another revised council tax bill so she went to the office spoke to someone went through everything again confirmed all was correct and she did not owe anything




they are now saying she told them her tax credits stopped


no she didn't

dippy3103

Is that the cause of the overpayment- tax credits? How much is the overpayment?

Housing_Benefit_Officer

If the Tax Credit information had been omitted from the calculation it could be argued, irrespective of it being a local authority error, that the claimant should have realised by it not appearing as income on her benefit notification.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/484247/hbopg-part-2-classification-and-recoverability.pdf

2.24 Definition: LA official error overpayment means an overpayment caused by a mistake, whether in the form of an act or omission, made by the LA or someone acting on their behalf. The claimant, a person acting on the claimant’s behalf, or the person to whom the benefit was paid, did not cause or materially contribute to that mistake, act or omission.

2.25 An LA official error overpayment is only recoverable when the person affected could, at the time of receipt of the payment, or any notice relating to that payment, reasonably have been expected to
realise that it was an overpayment.