Housing Benefit Drama

VeraG

I didnt tell the housing benefit dept that my childcare payments from the tax credits had stopped and my child had started school. My child stated school in Sept 06 and thats when i informed the tax credits and my payments stopped. I had also stopped paying out childcare expenses so as my income had not changed i didnt thing i had to tell the housing people, and to be honest, never gave it a thought. I have recently informed them after i studdied one of my assessment letters and realised what was going on.
They have reduced my benefit from £75/week to £39 but saying i owe £2500 at a recovery rate of £16/week leaving me iwth £23. My rent is £450/month and im a single parent working part time.
Even though i didnt receive the childcare money from the tax credits, they have taken it that i have!
They said this is procedure are i didnt inform them within a month! So in effect they are taking into account money for the last 15month that i have never had. Any beneficial changes to me are ignored. I feel like this is theft from me, Im struggling to survive at the monment, please help??

bestpud

You must have reapplied several times in that period (surely that involves filling in a new form and providing up to date evidence) - so did you continue filling in the same details?

Is it basically that it makes no difference to your entitlement but they are penalising for not telling them of the change?

Or would it have lowered your HB if you'd told them? I can't see why it would make a difference though.

Your local CAB may be able to help - if only to negotiate an affordable repayment schedule.

VeraG

no they never asked for my details, the worst thing about it is that i am paying back money because they are taking into account money i have never had. Surley its not right?

DaisyFlower

I dont think HB are interested in your tax credits payments or the payments stopping, its the childcare they are interested in as they allow a disregard when calculating any benefit you are due -

Childcare disregards- Childcare expenses of up to £175 for one child and £300 for two or more, can be disregarded from your income when paid to a registered childcare provider. This applies to families where children are under 15 years of age (or 16 years if disabled) and where either:

• a lone parent or both parents work 16 hours or more a week, or
• one parent of a couple works 16 hours or more a week and the other partner gets disability benefits

Therefore, they are correct in asking for any overpayment due from when the childcare ceased if you claimed this on your original application.

"I feel like this is theft from me" - why? You have quite clearly stated you did not notify them of the change so if you have been paid benefits not due then you have to pay them back. Ask them for a repayment schedule and i'm sure they'll accomodate if its reasonable.

bestpud

VeraG wrote: »

no they never asked for my details, the worst thing about it is that i am paying back money because they are taking into account money i have never had. Surley its not right?

You've been claiming since September 2006 without filling in a new forms or having to update your details? When I claimed HB (admittedly going back a few years) we had to renew our application and provide evidence every 6 months!

Going on what DasiyFlower has said, you won't have much chance as you've clearly been paid too much. The CAB will still help you negotiate a repayment schedule if you need it though.

nottslass_2

Am I correct that Housing benefit are calculating your income based on your old tax credit award,with the childcare payments included ?

If this is the case then they should have calculated your overpayment based on the income that you were actually receiving

and then offset this against the overpayment.

You need to go and see a welfare rights adviser who has a knowledge of Housing benefits legislation.

Hope this helps

VeraG

The thing is they will not use my actual income, they are using the income that was quite alot higher because it inculdes an extra £100/week, even though i did not get that money because i did not tell them of the change. It seems unfair as i have never had the money in the first place, of course if i was overpayed fairly then i would see no problem paying it back at all.

suelees1

Appeal the decision and explain it all. They should suspend recover whilst it's ongoing

nottslass_2

VeraG wrote: »

The thing is they will not use my actual income, they are using the income that was quite alot higher because it inculdes an extra £100/week, even though i did not get that money because i did not tell them of the change. It seems unfair as i have never had the money in the first place, of course if i was overpayed fairly then i would see no problem paying it back at all.

This is why you really need to get expert advise from a welfare rights advisor (who has a good knowledge of H/b regs).As I understand it they really should be considering your "underlying entitlement" when working out the overpayment. Please get some expert advise ASAP as you've only got one month to appeal against the overpayment

angeleyes

for any overpayment they should offer you underlying entitlement which you willl have to provide proof of all income for that period, they will then reassess your claim based on your actual income recieved,thus reducing the overpayment (hopefully) you will not get any money back but they will reduce your overpayment.

If they haven't followed correct procedures in giving you appeal rights etc for this overpayment you may be able to get some/all written off.

You are best going to CAB, but be prepared to provide all income for that period along with bank statements

Good luck

bestpud

The way DaisyFlower puts it, you get extra money as they disregard so much if you pay for childcare.

I still find it very odd they haven't updated your claim in over two years. Haven't you even had to return an annual form to say your income hasn't changed?

If they haven't asked for this then I wonder if that strengthens your case somewhat, as it sould have been picked up before now.

None of this makes sense though - you really do need to get some proper advice asap.