10k UC overpayment

Medusa80

I was relatively new to UC and was private renting after fleeing domestic abuse. I moved to another place with help of council and LHA remained the same. Only recently, despite address being changed everywhere else, I realised address was wrong on UC. I informed them and they didn't give me a penalty saying they understood the reasons for not changing it at the time. Now however, they have said I owe 10k in rent. I explained if I had changed the address, the housing would have remained exactly the same. In fact, rent increased when I moved. My abuser was awarded custody of two younger children but not the eldest as he abused her. I have been in and out of family court and I have to travel over 230 miles to see my children for a day in between each half term and have them every half-term. Since this arrangement, I have had ill health, my bloods are low in several things which I found out when I had a seizure, I have lumps on my hands which is under investigation but I believe years of not being able to feed myself properly. Lots of other issues. My eldest suffers PTSD and has a range of issues. I don't get any extra benefits, just the normal child element. I had to tell my eldest we can no longer see her siblings due to this overpayment - I cannot cut back anymore and she then ended up in hospital due to a suicide attempt. I asked UC to waiver it but they ignored me and now they are saying they can't as it is at the tribunal stage. Is there anything I can do. I don't want to stop seeing her siblings but it's making life so difficult as it is and I cannot afford to lose £100 per month which is what they will take from next payment. My eldest has gone through so much already and this has just proved too much. 

poppy12345

I’ve read this a few times but I’m still not understanding why you have the overpayment. If your circumstances didn’t change and you still had liability to pay rent to a landlord then why do you have the overpayment?

Medusa80

I was privately renting and when I moved my rent increased. I still had one child so my local LHA remained at 450. I still received this and paid it to the new landlord. They are saying they was paying for my old address but I explained I was paying the new landlord. I've always paid landlord directly. It's more of a technicality. I said could I back date a claim for new address and they said no. 

sammyjammy

Its not clear what the overpayment was for, were you receiving housing costs from both LA and UC?

tacpot12

If the decision is at the tribunal stage, there must be a lot more to it than appears in your account. You will need to give us the all the relevant information if you want any advice about this. The only reason I can imagine that you would have been overpaid the Universal Credit Housing element is if you had some savings (or other assets) or other income that the DWP didn't know about. When they learned of this capital or income, they recalculated your entitlement to UC, and determined that you had been paid too much, but the overpayment would not just be for rent, it would be for your entire UC claim.

It might help if you can post a picture of the decision that the DWP sent you with your private information hidden. This is a public forum and you don't want your private information to be visibile. You need to find a way to hide your Name, Address, Date of Birth, Telephone Numbers, Email addresses, National Insurance Number and any DWP reference numbers. This is something that a friend might be able to help with if they are good with computers. 

Do you have anyone supporting you with this problem?

Medusa80

I was receiving 450 housing which was included in the UC payment. I stupidly assumed that because the LHA was the same when I moved and the council knew I moved (they paid a deposit) that everything was interlinked. I moved ten minutes away and the LHA was still 450 (2 bedroom rate for my area). They are saying they have been paying for my old address. I explained it still went to the landlord of the new address. However, because old address has been incorrectly on my UC claim, they say I need to pay it back even though if address was correct I still would have received correct amount. I can upload everything later tonight. I have offered to pay a sanction but they declined. I had Raise helping me but they just said there is no point in appealing and I might as well withdraw the appeal. However, work coach disagreed. I've sent the tribunal medical records and the contact arrangements and now just waiting to hear back. 

poppy12345

I agree that there must be more to it than what you’ve said here. You will either need to post information on what the letter said or find and advice agency local to you and they will be able to advise you. 

You also mentioned the council but when claiming UC your rent is covered by UC known as housing element and not paid by your local Authority. Unless you were living in temporary housing. 

Spoonie_Turtle

OP this might be a silly question but have you given them proof of your liability for rent in your current address from when it started?

Medusa80

The housing element depends on the area and I was within the same area. I foolishly assumed as council were updated everything was ok. Last time I was on benefits was years ago where it was all separate. Anyway, this is their explanation. 

Medusa80

Spoonie_Turtle said:

OP this might be a silly question but have you given them proof of your liability for rent in your current address from when it started?

Yeah I did that last November and everything was apparently ok. Housing was verified and I continued to receive exactly the same amount. In Feb I asked a general question and they relied telling me I owe 10k. 

housebuyer143

Medusa80 said:

Spoonie_Turtle said:

OP this might be a silly question but have you given them proof of your liability for rent in your current address from when it started?

Yeah I did that last November and everything was apparently ok. Housing was verified and I continued to receive exactly the same amount. In Feb I asked a general question and they relied telling me I owe 10k. 

Have you shown them liability for the past 2 years though? Like a tenancy agreement and payment receipts from your landlord?
I see what they are saying but surely if you can show that, there it's obviously no overpayment.