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Council demanding repayment of alleged overpayment of benefits within 14 days.

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  • Council demanding repayment of alleged overpayment of benefits within 14 days.

    My daughter is have problems with her local council. She contacted them to tell them of a change in circumstances in that her daughter was no longer living with her and was therefore requesting a recalculation of Housing Benefit.

    They have been trying to recalculate and some of the problem were that my daughter subscribes to her employers share purchase scheme and money is taken out of salary each month. This amount is added back on to the nett pay so that is her income for benefits purposes, seems fair. Problem is that if she cashes some of the shares in they are paid back through payroll and so some months salary looks rather large. She has been trying to get them to understand that they are using the repayment as income when the sum has already been taken into account in the initial purchase. The council don't seem to understand that they are adding the same sum twice into the calculation. Complaints get met by an answer about the capital sum allowances for benefits rather than addressing the problem complained about.

    While this complaint has been ongoing and not resolved she has received a demand for return of alleged overpayment of benefit, first £900 and then, a few days later, £1700 to be repaid within 14 days. The only additional details given were that this was for the period 2011 to 2017 ! There has been no explanation of how they arrived at these sums, it has been asked how can they suddenly find and error going back that far when they have conducted regular appraisals of salary etc over that period and how could they have made such a glaring error, and how were the alleged overpayments calculated.

    Too soon for a response to the questions raised but what rights does she have to demand a complete and full breakdown of how they have calculated the alleged overpayment? The figures I've seen so far for calculation of benefits just seem to be figures pulled out of thin air with no rhyme nor reason to some of them.

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  • #2
    Originally posted by ostell View Post
    My daughter is have problems with her local council. She contacted them to tell them of a change in circumstances in that her daughter was no longer living with her and was therefore requesting a recalculation of Housing Benefit.

    They have been trying to recalculate and some of the problem were that my daughter subscribes to her employers share purchase scheme and money is taken out of salary each month. This amount is added back on to the nett pay so that is her income for benefits purposes, seems fair. Problem is that if she cashes some of the shares in they are paid back through payroll and so some months salary looks rather large. She has been trying to get them to understand that they are using the repayment as income when the sum has already been taken into account in the initial purchase. The council don't seem to understand that they are adding the same sum twice into the calculation. Complaints get met by an answer about the capital sum allowances for benefits rather than addressing the problem complained about.

    While this complaint has been ongoing and not resolved she has received a demand for return of alleged overpayment of benefit, first £900 and then, a few days later, £1700 to be repaid within 14 days. The only additional details given were that this was for the period 2011 to 2017 ! There has been no explanation of how they arrived at these sums, it has been asked how can they suddenly find and error going back that far when they have conducted regular appraisals of salary etc over that period and how could they have made such a glaring error, and how were the alleged overpayments calculated.

    Too soon for a response to the questions raised but what rights does she have to demand a complete and full breakdown of how they have calculated the alleged overpayment? The figures I've seen so far for calculation of benefits just seem to be figures pulled out of thin air with no rhyme nor reason to some of them.
    I think you need to look at escalating the complaint to the local government ombudsman to resolve this, include in it the complaint to them about wanting a breakdown to fully understand the calculation and this will hopefully force some transparency. https://www.lgo.org.uk/
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Thanks for the link, the ombudsman was going to be my next step when I get a bit more info from my daughter. She's coming over today as it's her birthday and no doubt with a large bundle of paperwork.

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      • #4
        Originally posted by ostell View Post
        Thanks for the link, the ombudsman was going to be my next step when I get a bit more info from my daughter. She's coming over today as it's her birthday and no doubt with a large bundle of paperwork.
        Happy Birthday to her and Happy Reading for you... kids eh!!
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment

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