housing benefit overpayment

[jason gander]

hi I'm looking for some advice I have been informed by the local council that I have a £1926.00 housing benefit overpayment however it has taken them 10 months to inform me of this overpayment my argument to them is that if they had informed me in the first month I could of dealt with it they are now asking for £100 per month which I cant afford I've offered to pay £40 but they wont accept saying its too low where do I stand legally as I am not refusing to pay just not at their rate

[Openlaw15]

Re: housing benefit overpayment

hi I'm looking for some advice I have been informed by the local council that I have a £1926.00 housing benefit overpayment however it has taken them 10 months to inform me of this overpayment my argument to them is that if they had informed me in the first month I could of dealt with it they are now asking for £100 per month which I cant afford I've offered to pay £40 but they wont accept saying its too low where do I stand legally as I am not refusing to pay just not at their rate

Outlaw is a poster on these types of issues and this person may be able to better assist.

[jason gander]

Re: housing benefit overpayment

How do I contact open law

[Snoopy1948]

Re: housing benefit overpayment

Hi Jason Gander ...

I have many years of dealing specifically with the recovery of housing benefit overpayments and also investigating the reasons for it. The usual reason that an overpayment has occurred 'historically' like this is that you would have had a change of circumstances and you had failed to advise the council ( though possibly you may even have felt that it had no effect on your claim ).

You have a statutory obligation to tell the council of any changes in your circumstances and if you fail to do so, then it may be regarded as fraud. To take a case to court for prosecution for benefit fraud would depend on the amount in question and whether you purposely tried to maximise your claim by keeping quiet about any changes.

Do you remain in a reduced level of housing benefit or none at all now? If you are, the council can make deductions directly from that.

If you are currently not in receipt of housing benefit, then the council benefit section should supply you with an income and expenditure form to complete to support your offer of £40 ( presumably a month? ). If there was any suggestion of fraud attached to this overpayment, then you would be best to comply as much as you can but you will need to support your case as it is public money in question and therefore important to recover.