Bedroom Tax Advice

massa121

My aunt and her daughter who did caring after her lived together in a 2 bedroom (double & single) council flat for years. They have been receiving housing benefits. My aunt passed away about 3 years ago. Council just rang her to say they had made error and not claimed bedroom tax from her for past 3 years. She is herself a pensioner now and wondering if there is any exemption for her?

poppy12345

Those of state pension age and above are exempt from the bedroom tax. https://www.moneyadviceservice.org.uk/en/articles/cuts-to-housing-benefit-for-social-housing-tenants#who-is-exempt

I'm assuming she reported the changes to her local council when her Aunt passed away?

I don't know if she could argue that it was an offical error, others may know.

massa121

Yes she informed council and they even helped her with some costs towards funeral. She just started to get pension last year. 

massa121

Thanks for link. I see she is exempt for 52 weeks after death of her mother and I presume from the time she became pensioner. So the period in between she will be liable to pay. 

calcotti

massa121 said:

Thanks for link. I see she is exempt for 52 weeks after death of her mother and I presume from the time she became pensioner. So the period in between she will be liable to pay. 

But could nonetheless argue official error and ask local authority to use discretionary power not to recover.

Alice_Holt

I would suggest your relative contacts her local advice agency to see if they could help her appeal the recovery of the HB overpayment.
The council cannot recovery an overpayment if:
  a) the overpayment is the result of an official error, and
  b) the claimant or payee could reasonably not have been expected to realise that it was an overpayment.

From your posts it would appear that your relative notified the council (though, did see inform the HB dept specifically?),
does she have proof of this?
What case can she put to show that she "could reasonably not have been expected to realise that it was an overpayment"?

Some info on this from Shelter:
https://england.shelter.org.uk/legal/benefits/housing_benefit/overpayments_of_housing_benefit

bigbill

Who had the HB before the Aunt died?
The Aunt only or 50% each?

massa121

Alice_Holt said:

I would suggest your relative contacts her local advice agency to see if they could help her appeal the recovery of the HB overpayment.
The council cannot recovery an overpayment if:
  a) the overpayment is the result of an official error, and
  b) the claimant or payee could reasonably not have been expected to realise that it was an overpayment.

From your posts it would appear that your relative notified the council (though, did see inform the HB dept specifically?),
does she have proof of this?
What case can she put to show that she "could reasonably not have been expected to realise that it was an overpayment"?

Some info on this from Shelter:
https://england.shelter.org.uk/legal/benefits/housing_benefit/overpayments_of_housing_benefit

Yes it can be proved that council HB dept were informed and there is correspondence from council about bereavement I think to stop her benefits. They are basically claiming bedroom tax in retrospective following error from their side. However we are grateful to have received help from council and benefits for all other times and if needed to be paid I would be happy to help her to pay whatever is due. 
@bigbill it was joint tenancy and both were paying 50/50

bigbill

Do not think the 52 week exemption applies in this case.
So non recoverable "Official Error" overpayment is the grounds to appeal and go down get some help to do this within a month of the overpayment letter.

A DHP hardship payment could also be applied for if it has put you in rent arrears now.

Alice_Holt

massa121 said:

Alice_Holt said:

I would suggest your relative contacts her local advice agency to see if they could help her appeal the recovery of the HB overpayment.
The council cannot recovery an overpayment if:
  a) the overpayment is the result of an official error, and
  b) the claimant or payee could reasonably not have been expected to realise that it was an overpayment.

From your posts it would appear that your relative notified the council (though, did see inform the HB dept specifically?),
does she have proof of this?
What case can she put to show that she "could reasonably not have been expected to realise that it was an overpayment"?

Some info on this from Shelter:
https://england.shelter.org.uk/legal/benefits/housing_benefit/overpayments_of_housing_benefit

... it was joint tenancy and both were paying 50/50

    "What case can she put to show that she "could reasonably not have been expected to realise that it was an overpayment"?"
     A joint tenancy may help in this respect, as she would have a change in the amount of her HB following the bereavement, and becoming the sole tenant  (and might have thought that this included a bedroom tax adj ??).
Other factors could include:
    Whether she had any experience of the application of the bedroom tax; 
   Her capability;
   Time on benefits and knowledge of the benefits system;
   Her mental and emotional state after the bereavement;
   
What detail was on the HB benefit calculation ? 
Sometimes HB notices can be confusing, this could also be a factor. 

calcotti

Alice_Holt said: Sometimes HB notices can be confusing, this could also be a factor. 

My local authority benefits team have even said to me in the past that they don't even look at the Notices themselves because they don't understand them!