Benefits overpayments

rufuschucklebutty

I received a letter today from the council stating I owe them £574 for overpayment of housing benefit from Dec 2014 to Feb 2015, I was genuinely claiming HB then but have never heard of this overpayment before, my first bit of research says the time limit on this kind of debt might be 6 years, is this true ? if so I don't need to do anything else .

poppy12345

The time limit of 6 years means they can't take you to court. It doesn't mean you don't have to repay it back. The only time you won't have to repay it, is if it's an offical error made by your local Authority. https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/recovery_of_housing_benefit_overpayments

rufuschucklebutty

poppy12345 said:

The time limit of 6 years means they can't take you to court. It doesn't mean you don't have to repay it back. The only time you won't have to repay it, is if it's an offical error made by your local Authority. https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/recovery_of_housing_benefit_overpayments

Since housing benefit no longer exists how can the council enforce this if they can't take me to court?

I have no idea at this stage whether this debt is a mistake or who is at fault. 

marcia_

rufuschucklebutty said:

poppy12345 said:

The time limit of 6 years means they can't take you to court. It doesn't mean you don't have to repay it back. The only time you won't have to repay it, is if it's an offical error made by your local Authority. https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/recovery_of_housing_benefit_overpayments

Since housing benefit no longer exists how can the council enforce this if they can't take me to court?

I have no idea at this stage whether this debt is a mistake or who is at fault. 

 They can deduct it from any benefits you now receive. Unsure if they can take it directly from earnings? 

 You need to write to the council asking for evidence of the overpayment and how it came about. May give an idea of if it was an error or something like you not updating an income rise. 

poppy12345

rufuschucklebutty said:

poppy12345 said:

The time limit of 6 years means they can't take you to court. It doesn't mean you don't have to repay it back. The only time you won't have to repay it, is if it's an offical error made by your local Authority. https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/recovery_of_housing_benefit_overpayments

Since housing benefit no longer exists how can the council enforce this if they can't take me to court?

I have no idea at this stage whether this debt is a mistake or who is at fault. 

Lots of people still continue to claim it, as well as all the other legacy benefits. Just because it no longer exists for new claims for working age people, it doesn't mean the debt can be written off.

Find out how the debt occured as advised above. If you do owe it then it can be taken from any earnings or from your benefits.

Penguin_

marcia_ said:

rufuschucklebutty said:

poppy12345 said:

The time limit of 6 years means they can't take you to court. It doesn't mean you don't have to repay it back. The only time you won't have to repay it, is if it's an offical error made by your local Authority. https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/recovery_of_housing_benefit_overpayments

Since housing benefit no longer exists how can the council enforce this if they can't take me to court?

I have no idea at this stage whether this debt is a mistake or who is at fault. 

 They can deduct it from any benefits you now receive. Unsure if they can take it directly from earnings? 

 You need to write to the council asking for evidence of the overpayment and how it came about. May give an idea of if it was an error or something like you not updating an income rise. 

If they get an attachment of earnings they can.

peteuk

I thought status bared (6yrs) didn’t apply to benefits.  

marcia_

peteuk said:

I thought status bared (6yrs) didn’t apply to benefits.  

Me too but that might just be for tax? 

poppy12345

peteuk said:

I thought status bared (6yrs) didn’t apply to benefits.  

It doesn't but as advised they can still chase you for the debt but they can't take you to court.

xxxxxxxx

6yrs does not apply to DWP benefits.  I would guess also does not apply to HB for the same reason. Debt to the crown. 

calcotti

xxxxxxxx said:

6yrs does not apply to DWP benefits.  I would guess also does not apply to HB for the same reason. Debt to the crown. 

As already advised by others a six year limit applies but only to use of court action.
https://www.gov.uk/government/publications/housing-benefit-overpayments-guide/part-7-courts-and-civil-proceedings