Housing Benefit overpayment.....

DandO_3

Until a year ago, I lived with my partner in rented accom. and we were entitled to HB, which was paid to my partner.

After an acrimonious split, I now live alone with our 2 children (2 & 4) at a different address for which I claim HB in my own right.

My ex-partner lives elsewhere and has a well paid job, and does not claim HB. Neither is he very prompt with the maintenance but that's another story. (The CSA are pretty hopeless too!)

My problem is that the HB people have decided they overpaid HB in respect of our shared address over a year ago and are reclaiming the overpayment through my HB, leaving me with insufficient cash to pay my rent.

Can anyone tell my whether this is right?

It looks to me like they are reclaiming the overpayment off me simply because I am the easiest option.

Are there any guidelines from the government I can find online to download, print off and take to the HB people & point out the chapter & verse on why this is wrong?

As things are, I will be homeless within three months due to rent arrears.

Please help.......

seven-day-weekend

Yes, I think that they can take the overpayment off either one of you as it was a joint claim at the previous address.

You, as you say, are the easiest option.

I don't think it is wrong, but I would still go there with all your incomings and outgoings and show them you cannot afford to pay the rent. Maybe they will come to some other arrangement.

If I'm wrong in any of this, I'm sure someone will be along soon to say so, and in any case I'm sure there will be more information.

Best of luck!

madmanfree

If you were the 'partner' on the claim it can only be recovered from you if the overpayment occured when you were both resident and continue to be so.

So really they shouldn't be going after you as the overpayment 'belongs' to your partner. If he were to return they would then use your ongoing entitlement

Alleycat

How much are HB taking from you each week? If it is more than £9, you can request that they reduce it so it is more affordable. You could also apply for Discretionary Housing Payments to help top up your Housing Benefit for a short period to prevent you from being evicted.

The best thing to do is to get some specialist housing advice. Go and see your council Housing Options department (usually located with the homeless persons unit) or if you have a voluntary sector housing advice service in your area make an appointment. CAB can also help. They can advocate on your behalf, make sure that the overpayment is correct and negotiate lower repayments.