£700 Housing benefit over payment??

Alice_Holt

Some more resources on appealing a HB decision:
https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_revisions_and_appeals

1) Appeal their decision, enclosing copies of your last 6 months wage slips and previous tax years P60's;
2) Raise this with your local councillor;
3) Could be worth also writing to the Head of Revenue and Benefits at the council directly.

Be careful to keep notes / documentation of all your contact with HB.
It may be worth a Subject Access Request for your records, if the records you hold are incomplete:
e.g. http://www.enfield.gov.uk/site/custom_scripts/HASC/Your_Records_Your_Rights_2013.pdf

ohreally

n1guy wrote: »

What do I do now

Use "their not there".

n1guy

ohreally wrote: »

Use "their not there".

Yes I can see how that will sort the issue, silly me.

n1guy

Alice_Holt wrote: »

Some more resources on appealing a HB decision:
https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_revisions_and_appeals

1) Appeal their decision, enclosing copies of your last 6 months wage slips and previous tax years P60's;
2) Raise this with your local councillor;
3) Could be worth also writing to the Head of Revenue and Benefits at the council directly.

Be careful to keep notes / documentation of all your contact with HB.
It may be worth a Subject Access Request for your records, if the records you hold are incomplete:
e.g. http://www.enfield.gov.uk/site/custom_scripts/HASC/Your_Records_Your_Rights_2013.pdf

The problem is even if I am in the right which I believe I am they will still make me repay it anyway.

Housing_Benefit_Officer

For every £1 extra income there is a 65p Housing Benefit overpayment. Your income is about £1000 higher over 3 years (about £7 per week) than whatever income they were holding previously.

Did you get any tax refunds during this period of time?

Do you pay into a pension?

n1guy

Housing_Benefit_Officer wrote: »

For every £1 extra income there is a 65p Housing Benefit overpayment. Your income is about £1000 higher over 3 years (about £7 per week) than whatever income they were holding previously.

Did you get any tax refunds during this period of time?

Do you pay into a pension?

Hi, No we've never had a tax refund. No neither of us have pensions.

My information is all there according to HMRC, It hasn't just been updated magically. They were also able to tell me the exact date I started various jobs over the years, tax paid etc.

My partner earns min wage, her wage has increased a few times in this period but tax credits gets this as soon as it happens and adjusts then HB also automatically adjust also. I really can't see how this could have happened. And then sending out rubbish about me working somewhere I don't and getting a payrise in April 2017, in April the only thing that happened was my tax code changed like everyone else's in the country, I got £2 extra PW which also triggered tax credits etc getting adjusted.

Alice_Holt

n1guy wrote: »

The problem is even if I am in the right which I believe I am they will still make me repay it anyway.

Why do you think this?


Overpayments are not recoverable if:
1) It arose from an official error (and you did not contribute towards that error), and
2) You should have not have been reasonably expected to realise it was incorrect and you were being overpaid.

The inference in your opening post is that the HB dept have used incorrect wage information in calculating your HB entitlement. This would clearly be an official error, and you should expect the HB calculation to be redone using correct income figures.

Is there more to this than you have chosen to reveal?
3 posters have now advised you to appeal - why do you think "they will still make me repay it anyway"? £750 is a lot a money not to challenge if you "are in the right".

If you are unable to appeal this on you own, then I suggest you take all paperwork to your local CAB for assistance.

Have a look at your previous HB notices - do these include all your household income?
Also ask the HB dept for a complete breakdown of the overpayment. You should then be able to compare the household income you have to the income used in the calculation.
Have any other circumstances changed?

https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/What-if-I-am-overpaid-Housing-Benefit-or-Council-T

Housing_Benefit_Officer

n1guy wrote: »

Hi, No we've never had a tax refund. No neither of us have pensions.

My information is all there according to HMRC, It hasn't just been updated magically. They were also able to tell me the exact date I started various jobs over the years, tax paid etc.

My partner earns min wage, her wage has increased a few times in this period but tax credits gets this as soon as it happens and adjusts then HB also automatically adjust also. I really can't see how this could have happened. And then sending out rubbish about me working somewhere I don't and getting a payrise in April 2017, in April the only thing that happened was my tax code changed like everyone else's in the country, I got £2 extra PW which also triggered tax credits etc getting adjusted.

One way overpayments might occur when wages increase=

1) Wage increases 1st April 2017.

2) Claimant collects and then sends in 5 wage slips showing increase.

3) Wage increase input from following Monday after receipt - not from date of actual increase.

4) Yearly total input at a later date creating an overpayment.

n1guy

Alice_Holt wrote: »

Why do you think this?


Overpayments are not recoverable if:
1) It arose from an official error (and you did not contribute towards that error), and
2) You should have not have been reasonably expected to realise it was incorrect and you were being overpaid.

The inference in your opening post is that the HB dept have used incorrect wage information in calculating your HB entitlement. This would clearly be an official error, and you should expect the HB calculation to be redone using correct income figures.

Is there more to this than you have chosen to reveal?
3 posters have now advised you to appeal - why do you think "they will still make me repay it anyway"? £750 is a lot a money not to challenge if you "are in the right".

If you are unable to appeal this on you own, then I suggest you take all paperwork to your local CAB for assistance.
https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/What-if-I-am-overpaid-Housing-Benefit-or-Council-T

I will appeal just not sure its something I can do myself. I will have to get the CAB involved I think.

n1guy

Housing_Benefit_Officer wrote: »

One way overpayments might occur when wages increase=

1) Wage increases 1st April 2017.

2) Claimant collects and then sends in 5 wage slips showing increase.

3) Wage increase input from following Monday after receipt - not from date of actual increase.

4) Yearly total input at a later date creating an overpayment.

1 - Yes It did increase but all other decreased to allow for this.

2 - ??

3 - ??

4 - I queried this today no this did not happen as that's is what they made out happened.