Housing Benefit Overpayment 7 years ago Scotland

mcscoty1973

NYM wrote: »

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405778/hbopg-courts.pdf

:think: But that's been archived, so I checked Housing Benefits Overpayments which applies to England, Scotland and Wales.

Not sure the first link will be 'linkable'

See here

http://www.trust-deed.co.uk/news/olddebtsinscotlandandprescription.php

missbiggles1

I've read them both and they're contradictory - they can't both be right. Personally I'd go with the government's information rather than a private company.

mcscoty1973

missbiggles1 wrote: »

I've read them both and they're contradictory - they can't both be right. Personally I'd go with the government's information rather than a private company.

Yes I have done the same and agree they are contradictory as well. I have read other posts stating the 5 years for HB but CTAX was 20 years. In the act it states 20 years for social security debts, but does that include Housing Benefit that is paid for by the LA?

NYM

The first link (archived) doesn't just refer to CTB

7.10

In Scotland, any obligation to repay overpaid HB and excess CTB is extinguished (and therefore must be written off) 20 years after the date the overpayment decision was made by the LA, as per The Prescription and Limitation (Scotland) Act 1973 (s7),

I don't have a clue which of the various links posted is reflective of current legislation, so would advise the OP to contact their local CAB

elmer

Housing Benefit is a social security debt in as much as it is paid by central government. it is merely administered by LA's. The rules for it are national.

elmer

mcscoty1973

elmer wrote: »

Housing Benefit is a social security debt in as much as it is paid by central government. it is merely administered by LA's. The rules for it are national.

elmer

Indeed it is confusing, the previous link I provided earlier says that trust deed Scotland are under the impression that statute barring applies to Housing Benefit, and so does debtline, however the government HB manual implies this is not the case.

Why is life not simple!!!

Housing_Benefit_Officer

The council will be able to provide your partner with copies of all previous correspondence regarding this debt, when it was created etc.

At the moment you only have your partners word that she was unaware of this debt. You need them to provide her with fuller details. Once you have these post the details to see what you r partners appeal rights are.

mcscoty1973

Housing_Benefit_Officer wrote: »

The council will be able to provide your partner with copies of all previous correspondence regarding this debt, when it was created etc.

We have sent off a letter today asking for further details as should have been provided in the first place.

We have asked for it to be statute barred due to the length of time there has been with no contact regarding it, however unsure if that really applies to Housing Benefit, some say it does, some say it doesn't.

konark

''The usual time limit of five years applies to overpayments of Housing Benefit and Council Tax Benefit. Contact us for advice.'

This is what the link says, only DWP benefits are 20 years.

mcscoty1973

konark wrote: »

''The usual time limit of five years applies to overpayments of Housing Benefit and Council Tax Benefit. Contact us for advice.'

This is what the link says, only DWP benefits are 20 years.

Indeed, but the link to the governments Housing Benefit manual claims it is also 20 years for Housing Benefit in Scotland.

Someone is wrong, unclear who though.