Have we been overpaid?

ScienceTeacher · 17 July 2019 at 9:32PM

Hi all,
I moved in with my grandmother back in February. I have a full time job. My grand mother was claiming full housing benefit and council tax support. She notified the council the day after I moved in that I was living there, and, I was in full time employment. She also provided them a copy of my payslip. They told her since the benefits would be reduced significantly there would be a 26 week lapse in them being removed.
A month later, we signed up to online systems with the council and noted that the online website did not display my income or that I worked. I therefore e-mailed them (and the council tax team) to say I was working and had an income (payslip attached) and they stated they had this information and everything was okay their side after checking.
26 weeks later... (next week) and we have not heard anything about paying rent or council tax. In fact, the online system now shows an entitlement until 12 months after I moved in. I have messaged them but they have not replied. I again stated my income and gave payslips.
We can not speak to them on the phone as they want everything in writing.
Having researched, my understanding is the 26 week thingy must be explicitly applied for and my grandmother does not recall doing this. She recalls being told it would be applied.
Things are tough financially and the thought of circa. £5k in rent being asked for really causes a panic. Have we done anything wrong?! I googled it and found some scary posts on forums about similar stories!

[Deleted User] · 17 July 2019 at 9:39PM

What if any other benefits does she get?

ScienceTeacher · 17 July 2019 at 9:40PM

Only Housing Benefit and Council Tax Support. She receives a state pension too; if that is a benefit? Thanks for the reply!

xylophone · 17 July 2019 at 9:47PM

They told her

they stated they had this information

We can not speak to them on the phone as they want everything in writing

Have they replied to your communications in writing?

Why not write a letter referring to your previous communications and asking for clarification in writing?

Send the letter "signed for" and await a reply.

xylophone · 17 July 2019 at 9:53PM

Does your grandmother qualify for pension credit?

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs48_pension_credit_fcs.pdf

ScienceTeacher · 17 July 2019 at 9:59PM

Yes, she is eligible and claims this.
The pension credit is shown under the 'income' tab on the council's portal and they have always known about this. No other income is shown.
I have an emailed response from them (when I sent them my payslips and stated I was in full time employment) stating they received the documents my grandmother gave them on the correct date.and the accounts have been updated. This was 15 weeks ago.

So, a signed for letter, is the next course of action? I guess a print out of all the emails I sent them, and replies should go in too. Anything else? Thanks for the help!

pollyanna_26 · 17 July 2019 at 11:51PM

Pension credit is a means tested benefit so I

would be sending a letter with proof of posting to clarify matters..
Your user name is science teacher so if you about to start school holidays it's worth finding out if you have a drop in centre run by your local council as it's often easier to sort these things out face to face.
polly

ETA Sorry about the fomat of this reply Laptop is having a hissy fit.

Alice_Holt · 18 July 2019 at 8:30AM

I would suggest documenting and holding proofs of your communications with the council.
If a HB over-payment results from official error then the recovery of that over-payment can be challenged via an appeal (and subsequent tribunal).

I'm not sure what would be regarded as a reasonable time period for the council to act on and process the information supplied, but if overdue delay by the council results in an excessive over-payment demand (especially for a claimant on means tested PC), or financial loss - then I would challenge the over-payment.

Shelter would be a good source of advice (or your local CAB):
https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_overpayments

pmlindyloo · 18 July 2019 at 8:42AM

Changes of circumstance relating to non-dependants
P5.670 There is a concession related to changes of circumstances affecting non-dependant deductions. The concession applies to existing claims when the claimant or partner is aged 65 or over, and
• a non-dependant moves into the household, and a non-dependant deduction is appropriate, or
• an existing non-dependant’s remunerative work income increases and would cause an increased non-dependant deduction, applicable up to 3 April 2005
• from 4 April 2005 an existing non-dependant has a change of circumstances that would cause an increased non-dependant deduction
P5.671 If the concession applies, the non-dependant deduction, or increased deduction, must be deferred for 26 weeks after the change occurred. This applies irrespective of whether Pension Credit is in payment to the claimant.
(Housing Benefit Guidance Manual)

I believe a 26 week deferment is appropriate in these circumstances.

I am unsure if this would also apply to Council Tax Reduction. It may depend on your local council's regulations but suspect that since HB and CTR is dealt by the council the 26 week deferment also applies.

Perhaps someone may find the relevant guidance for this.

calcotti · 18 July 2019 at 9:38AM

pmlindyloo wrote: »

I believe a 26 week deferment is appropriate in these circumstances.

I am unsure if this would also apply to Council Tax Reduction. It may depend on your local council's regulations but suspect that since HB and CTR is dealt by the council the 26 week deferment also applies.

Perhaps someone may find the relevant guidance for this.

I think the following means that a 26 week delay applies for CTR also in respect of a pensioner claimant. (Wouldn’t legislation written in plain English be nice !)

The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
https://www.legislation.gov.uk/uksi/2012/2885/schedule/1/made

SCHEDULE 1
Pensioners: matters that must be included in an authority’s scheme

PART 8
When entitlement begins and change of circumstances

Date on which change of circumstances is to take effect

(10) Sub-paragraph (11) applies if—

(a)the applicant or the applicant’s partner has attained the age of 65; and

(b)either—

(i)a non-dependant took up residence in the applicant’s dwelling; or

(ii)there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under paragraph 8 (non-dependent deductions) increased.

(11) Where this sub-paragraph applies, the change of circumstances referred to in sub-paragraph (10)(b) takes effect from the effective date.

(12) In sub-paragraph (11), but subject to sub-paragraph (13), “the effective date” means—

(a)where more than one change of a kind referred to in sub-paragraph (10)(b) relating to the same non-dependant has occurred since—

(i)the date on which the applicant’s entitlement to a reduction under the authority’s scheme first began; or

(ii)the date which was the last effective date in respect of such a change,

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;
(b)where paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in sub-paragraph (10)(b) occurred.

ScienceTeacher · 19 July 2019 at 4:54PM

Thank you everybody for your help.

I actually went up there in person today, and, they could see I sent them payslips etc and they had simply not applied everything correctly. All is fixed, 26 week exemption is put on, and I have it sorted.

Thank you everyone for your help! A massive relief!

Have we been overpaid?

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