SOA: Housing Benefit Overpayment

Jane21_3

Am I correct in thinking that I include HB overpayment that I am paying back in my SOA as I have to pay back the overpayment until I am discharged?

Toon_Dave

Hi Jane,

I would have imagined it would be treated the same as a creditor as technically you 'owe' them the money as you do any other creditor.

Also looking at other threads on here it seems councils think they have there own laws etc when comes to benefits, but the Courts and OR decisions are final with regards to payments and they have to accept the decisons.

Hope the SOA is going ok...remember to save or print it.

Dave

Toon_Dave

Usually i would have suggested stopping paying as a creditor but as you are recieving the benefits from them i wouldnt incase they want the full amount back immeadiately..

How much is the overpayment and how much do you pay back monthly?

Dave

fermi

Jane21 wrote: »

Am I correct in thinking that I include HB overpayment that I am paying back in my SOA as I have to pay back the overpayment until I am discharged?

You should put it on the SOA.

A recent (Nov 07) case at the Court of Appeal is likely to have a bearing on how it is treated.

This is a bit of a read, but well worth it.

Link: Housing Bennefit Overpayment

Jane21_3

Toon_Dave wrote: »

Usually i would have suggested stopping paying as a creditor but as you are recieving the benefits from them i wouldnt incase they want the full amount back immeadiately..

How much is the overpayment and how much do you pay back monthly?

Dave

Hi, They take 9 out of my benefit every week. I think I owe them about another £500.

Jane21_3

fermi wrote: »

You should put it on the SOA.

A recent (Nov 07) case at the Court of Appeal is likely to have a bearing on how it is treated.

This is a bit of a read, but well worth it.

Link: Housing Bennefit Overpayment

Thank you. I have read this in another thread you posted whilst looking for my answer but find it quite confusing so just checking. Will include it in my outgoings and see how it goes.

Toon_Dave

thanks.

i think as Fermi has said i would put it on the SOA. As they already deduct it from the benefit you probably dont have the benefit of it anyway, And i would hate to think that they could stop if all together if you dont.

Will you be claiming the HB after your BR??

i not experienced to know how that would be seen by the council as they do seem to have there own set of 'rules' on everything seperate to what is actually legal...Check the link on Fermi's post.

fermi

Jane21 wrote: »

Thank you. I have read this in another thread you posted whilst looking for my answer but find it quite confusing so just checking. Will include it in my outgoings and see how it goes.

You put the £500 as a debt in the bankruptcy.

The Balding case means that it should be included. As explained in the link, this hasn't filtered down to everyone who should know yet (even the OR it appears).

At the moment it could be a bit of a struggle to get the balance written off, as the HB aren't going to like it.

But as the link says at the end as a suggestion for the letter discussed:

Should you fail to adhere to the Balding cases ruling I will refer this matter to the Local Government Ombudsman, as you would be acting outside of the legal framework put in place by this case

Toon_Dave

Fermi,

Do you think the council could stop the HB for jane in the future as they 'lost' the overpayment money?

Or with the BR is it wiped clean as other debts and they have to start afresh with the claimant??

i've never dealt with the council on matters like this before so wasnt sure, just wondering on janes behalf.

Thanks
Dave.

fermi

Toon_Dave wrote: »

Do you think the council could stop the HB for jane in the future as they 'lost' the overpayment money?

Or with the BR is it wiped clean as other debts and they have to start afresh with the claimant??

They should start afresh, yes.

As suggested, if they started being funny regarding it then you get the "Local Government Ombudsman" involved.

debt_doctor

No Dave they could not, that would be unlawful once discharge had occured, up to discharge they can recover from ongoing benefit.

DD