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Council demanding overpayment for employment without payment
cts_casemod
Posts: 272 Forumite
On the 6th of July last year I signed in for a university internship position. The position was to complete a project and confirmed my employment for 10 weeks over the summer. I signed contracts and signed of JSA, but the work itself didn't actually start on the 6th.
The contract was clear that payments were subject to successful project completion and would be completed on the end of August and September, never giving indication of any payment prior to this date.
As per contract, payments were received on the end of the project after successful completion, with the payslips showing payment period as being:
Payslip 1: 1-8-2015 to 31-8-2015
Payslip 2: 1-9-2015 to 30-9-2015
The council demanded me to pay in full my housing benefit and council tax benefit from the 6th July onward even tough I could prove I wasn't receiving any income for the period.
I have already paid a large sum of over £900 for housing benefit, which I am trying to recover and have an open dispute regarding £165 of unpaid council benefit.
What is my next step from here?
Thanks
The contract was clear that payments were subject to successful project completion and would be completed on the end of August and September, never giving indication of any payment prior to this date.
As per contract, payments were received on the end of the project after successful completion, with the payslips showing payment period as being:
Payslip 1: 1-8-2015 to 31-8-2015
Payslip 2: 1-9-2015 to 30-9-2015
The council demanded me to pay in full my housing benefit and council tax benefit from the 6th July onward even tough I could prove I wasn't receiving any income for the period.
I have already paid a large sum of over £900 for housing benefit, which I am trying to recover and have an open dispute regarding £165 of unpaid council benefit.
What is my next step from here?
Thanks
0
Comments
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You were however working during the period - When you are paid is not really relevant0
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So when did you actually start work?0
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Your payslip dates appear to be short of 10 days pay if your contract was 10 weeks.I am not a cat (But my friend is)0
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Presumably whether you were working or not, or whether you got paid or not, is somewhat irrelevant if you signed off JSA?0
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I worked on an off on the project. There was no specific timeline other than I should have my work finished by the 14th September and the payment dates were stated.
The agreed time scale was 10 weeks * 16H/week with payment being spread in two fees of 50% each.
I'm rather confused on how the council can actually charge me for a means tested benefit, when the contract clearly says the income was received later (at a point where I was no longer living there)
I was once again charged in late August when I moved to a different property because the HMRC informed the council of my earnings, which makes total sense. So in effect I'm being deducted benefit for the period I was paid and the period I wasn't!0 -
The agreed time scale was 10 weeks * 16H/week with payment being spread in two fees of 50% each.
What were you actually paid per week?
its irrelevant when you were actually paid, you were paid for those weeks.
If 16hrs a week takes you over the amount for HB and CT, then you owe it.0 -
My period of employment was 10 weeks.
I have been charged by both councils for a period of 12 weeks, ranging from the 6th July to the 30th September.
One deducted based on the contract with a weekly figure, the other based on income, when I received the last payment.
I assume I am correct in thinking that either council A would charge me for the period I lived there, based on a weekly figure or council B would charge me based on income when it was actually received. I started claiming HB on council B after I left that job on the 14th September.
According to the replies I got, I think the last case is therefore more logical. So how do I put this in writing?0 -
cts_casemod wrote: »My period of employment was 10 weeks.
I have been charged by both councils for a period of 12 weeks, ranging from the 6th July to the 30th September.
One deducted based on the contract with a weekly figure, the other based on income, when I received the last payment.
I assume I am correct in thinking that either council A would charge me for the period I lived there, based on a weekly figure or council B would charge me based on income when it was actually received. I started claiming HB on council B after I left that job on the 14th September.
According to the replies I got, I think the last case is therefore more logical. So how do I put this in writing?
I am now confused. You talk of Council A and Council B and moving.
Please elaborate on which Council or Councils you claimed Housing Benefit from and the dates and the dates you lived in each council area.
Also how much were you paid?These are my own views and you should seek advice from your local Benefits Department or CAB.0 -
cts_casemod wrote: »
The council demanded me to pay in full my housing benefit and council tax benefit from the 6th July onward even tough I could prove I wasn't receiving any income for the period.
I start work on 1st April 2016. I get paid 1st May 2016. I had no income from the 1st April until 1st May when I was paid. For benefit purposes income covers the period it was earned not the period from when it was paid. Irrespective of the dates shown on the payslips you received money for the period of the 10 week project therefore the income covers that 10 week period.These are my own views and you should seek advice from your local Benefits Department or CAB.0 -
Did you apply for a run on?0
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