Housing Benefit Overpayment

BluePastry

The council are claiming I have been overpaid, as they were unaware someone was claiming carers allowance for me during 2019-2022 period.

I am pretty sure that they did know, as my carer is also a joint tenant at our address, also claiming HB, at which we have lived since 2014.

However, he did move out in Jan 2019, but returned in May 2021 (long story). But he was still receiving CA.

I've checked my emails during this period, and in March 2019 I saw he was on the new years Council Tax bill for my property, with his discounts etc applied, so I wrote to the council (exact words, email saved):

"Mr XXX no longer resides at this property, so will need to be removed from the bill and any discounts relating to him to be removed. I believed Mr XXX informed you of his change of address, as he has received his council tax bill today also".

They may have assumed/made the error of cancelling his CA from that email, I don't know.

There have also been periods when I had to move from DLA to PIP, and tribunals etc where my DLA or PIP were temporarily suspended, pending outcomes, but were then backdated etc, when the knock-on effect was his CA also being suspended. Though when I called and asked CA today, they said they do not share data about claims with councils.

I think it more likely, as it was during the pandemic years, or during 1 of the councils many 'recalculation exercises', that the error may have occured.

So my thinking is I will need to send in SAR's to my council, 1 from me, 1 seperately from my carer, so that we can check the information we gave and any updates thereafter from when we moved in, in 2014. 

To my mind if I can prove that I or he had told them at any time between 2014 and 2019 (before the period they dispute) that he was my carer, then it is up to them to show me where and when I specifically told them he was no longer receiving CA for me.

SAR will just be a typical 'all website forms, emails, applicationsn and calls between me and council between x and x dates etc'.

I think this is the route to begin, but if you have any thoughts or suggestions, please jump in!

Also, I don't suppose there are any companies able to double check HB and CTax support awards, as to be honest my council have been a joke over the years. I doubt it, but honestly, they have been totally incompetent at many stages.

HillStreetBlues

Sounds like to me the council started paying a disability premium on your HB  when he moved out.
I think a SAR is the best route to find out who knew what when.