£700 Housing benefit over payment??

kaym89

I was overpaid £212 from december 15 -october 16 because i didnt know i had to report occassional overtime and also thought hmrc send them my details because every year my award went or down without me notifying them. In my overpayment letter it stated i was overpaid just over £1400 because hmr told them my income had increased, so when i spoke housing benefit they said i was earning £189 a week when i was earning much less than that and at one point £490 in one week so they messed up there. Gave them my wageslips from that period and got it reduced. Every month i go to the housing benefit office to give them my wageslips but would be nice if it was automatic to save me waiting for 2 hours to even speak to an advisor at the office.

tboo

Like HBO and Alice have pointed out the council updated claims when tax credits changed i.e. you told them of the change, the council weren't aware of wage changes unless you told them.
Then along came real time imformation where the employer told HMRC the wages who then told the council
Your overpayment was picked up from this so no coincidence, the council aren't mind readers - it's your responsibility to tell them of any changes

tomtom256

n1guy wrote: »

Its no big inconvenience, we only got £20 pw which did nothing anyway, they are taking £13 of that for the overpayment.

Clearly it is otherwise you wouldn't be trying to appeal it nor would you be arguing it wasn't you're fault.

Also if it did nothing why bother claiming it?

n1guy

Well I have a life line folks. The CAB said if I could find one of them letters back from around 2014 from HB regarding a change of award notice it would help especially when I didn't tell them and I have found 2 letters.

tboo

n1guy wrote: »

Well I have a life line folks. The CAB said if I could find one of them letters back from around 2014 from HB regarding a change of award notice it would help especially when I didn't tell them and I have found 2 letters.

It will also tell you the amount of wages they used which obviously was wrong because you didn't tell them. They do now know the correct amount because they've recently found it out

Alice_Holt

For an overpayment of Housing Benefit not be recoverable, you need to demonstrate:

1) It was caused by ‘official error’ (this means an error by the local authority), and
2) You did not contribute to the error, and
3) You could not reasonably have been expected to know that you were being overpaid.

See https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_overpayments

There was no official error - you have told us that you didn't notify your local authority of wage increases.

I really wouldn't waste your time hunting for paperwork, based on the info you have posted any appeal would clearly fail. So, as it's "no big inconvenience" just put it down to a lesson learnt and move on.

However, if you were looking for documentation to show that you had informed your LA, but they had failed to amend your award accordingly (i.e an official error) that would be useful evidence to support a HB appeal.
Having established official error, you would then have to prove that you could not have reasonably have been expected to know that you were being overpaid - this is an argument which often hinges on capability, intellectual capacity, and newness to the benefit system - and can be difficult even then, as you are expected to check the HB calculation notice.

bobkerr49

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.

Google "Overpayment of housing benefit" and check out the Gov. uk site] If it is not your fault you are not liable.
I'm going through the same thing at the moment. DWP advised me they had underpaid me over the last three years to the tune of just over£1,500. Suddenly local council want £1,300 and HMRC £200. lol Works out I'd be left with £62.
Approached the council and a very helpful young lady submitted a request from me that the council reconsider their assessment, which apparently was based on the fact I should have known I wasn't receiving the correct State Pension. Should they refuse to reconsider I will then appeal indicating that if the appeal is also unsuccessful I will take it further. (Ombudsman/Judicial Review)
Check out the website. It's clear that if you are not at fault they cannot demand repayment.
Presently I am repaying but have been assured that if I'm successful all monies will be returned.
Hope this helps.

Alice_Holt

" DWP advised me they had underpaid me over the last three years to the tune of just over£1,500. Suddenly local council want £1,300 and HMRC £200"

https://www.rightsnet.org.uk/forums/viewthread/6954

Post 3 may help you.