HB overpayment

1966worldcup wrote: »

Hi, thanks for that. It's the 13 months that I didn't claim as I was waiting for the appeal hearing, hope someone can advise if there was an underlying entitlement then. My self employment should be profitable in the next year or so as there were set up costs at the beginning. It's also flexible as I have two children too.

Unless your situation has changed, I expect the LA would continue to class you as having a non commercial tenancy. However you would need to make a claim to verify if this is their stance. Also, if you did not have an active claim during this time you would need to apply for backdating - you would need good reason for this to be granted, and even then they are unlikely to go beyond three months.

1966worldcup wrote: »

Hi, I did claim again from December 2012 and everything's ok. It's the year between the appeal and claiming again that I am wondering about as we had a very low income then.

You would need to apply for backdating. You would need good reason for it to be granted - being unsure of entitlement is not a valid reason.

jacques_chirac wrote: »

Unless your situation has changed, I expect the LA would continue to class you as having a non commercial tenancy. However you would need to make a claim to verify if this is their stance. Also, if you did not have an active claim during this time you would need to apply for backdating - you would need good reason for this to be granted, and even then they are unlikely to go beyond three months.

I have found this:

http://www.brighton-hove.gov.uk/content/council-tax-and-benefits/housing-benefit-council-tax-reduction-and-discretionary-help-42

I agree that the lack of an active claim may make a difference but I am not entirely sure about this.

What I would suggest is that you apply for an underlying entitlement to reduce your debt. You will need proof of all your household income/savings for the period of time you are claiming for.

I also agree that this could only be done if the council now accepted that you have (and had) a commercial tenancy in place during that time.

I would telephone them/call in and ask what you should do to try and get the underlying entitlement taken into account and get the overpayment reduced.

1966worldcup wrote: »

Hi

I am finding this situation extremely stressful. How am I supposed to pay back £15,000. I am stopping my HB at the end of the month as I will take the rent money out of my business as I want to support myself and have nothing to do with benefits. When my benefit was stopped I wasn't getting anything for over a year while I was appealling the decision. Do you think there was an underlying entitlement at all. I have looked at all the DWP Guides but find them very confusing? Thanks in advance for any advice.

Sorry, if I have misunderstood.

Whilst the OP was appealing was the claim still 'open' or had it been 'closed'?

I thought it was during the appeal process that the OP was querying the underlying entitlement or was there a period after she lost the appeal and before a new claim started?

Sorry, confused