Help Needed Recovery Of Hb Overpayment But With A Strange Twist: Can They Do This?

[shooter]

Ok so i'm not sure if I'm posting this in the correct place but here goes...

Sorry but it's Lo------ng LOL

When my husband died in may 2006 It took me a couple of weeks to get my head straight and sort out some things, My housing benefit being one of those things.

Approx 2 weeks after he died I called to ask what I needed to do in regards to our claim and got together everyhing including a new claim form and took it along to the HB office at the council offices.

After a few weeks Ihadn't heard anything so called to find out what was going on and they had no record of my claim!!

By this time it was the end of August /begining of September and I had to then fill out another form (I seem to have had to do this many many times over the past 15 years with this council They are always saying they haven't received forms sent to them and one year I had to send it 3times) I took this one in and this time got a receipt for it (i put it away safely but as usual too safe cause now even I can't find it TYPICAL!!)

They finally sorted it out in September 2006

I have recently found out that they have been taking an overpayment of HB (Paid in my husbands name from May '06 - September '06) from MY Housing Benefit at £9.50 per week which has caused me arreers in my rent to the tune of approx £1300.

They only started recovery about a year after he died and without telling me!

I went and saw our housing associations welfare rights officer about it and she says that they cant do this.

She quoted from a hand book thats says they can only recovery overpayment to one claiment from another claiment if they are both still living in the same house!

Well clearly we're NOT, I live in the house and Well, he live in HEAVEN ( LOL I've managed to keep hold of my sense of humour, JUST) )so we're Obviously not still living together ( Although he may not live here I swear he still resides here with all the strange goings on we have around the house (you have to laugh or you cry) )

ANYWAY to get to the point...

Does anyone know if this is right? Cause if it is I want my money back. I've paid them £683.57 so far even though I didn't know I was doing so.

Can I send them a SAR to find out just what has been going on? And if so how should I word it?

They cocked it up not me, I don't mind paying back the overpayment from those 1st couple of weeks after he died but they recon I was over paid £1085.37 and those couple of week only add up to about £240.

Any and all help and suggestions would be greatfully received .

Thanks for reading this far

Shooter XX

[Tools]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Shooter, I will ask someone who is quite knowledgeable of your situation to take a look.

I know they are quite busy at the moment with work etc so please be patient for a reply.

[shooter]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Thanks Tools

Paitience will be my middle name LOL

Shooter x

[Emerald]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Hi Shooter,
Sorry to hear of your loss and hope you are coping OK.
My initial thoughts are that this is a debt of your husbands estate and cannot be reclaimed from you personally.
Have you any letters from HB outlining what grounds they are recovering this from you? If you have any can you scan and e-mail them to admin@legalbeagles.info so they can pass on to me to have a look, and I will then contact a colleague in welfare rights with the exact wording.
Did he leave any assets? (cash, insurance etc), if so how was this spent?
Did he have other debts?

Sorry if this seems a little intrusive but we need more info to give you the correct advice.

Take Care.

[shooter]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Thanks Emerald

I hope the info below helps...

My husband didn't leave anything of any value, the only thing I got was a private pension that he had started when he was working but nothing had been paid into it for over 15 years and by the time I had found out about this overpayment it had all gone. It was spent on every day living expences while I adjusted to my much lower income. We had been receiving approx £1400 per month and it dropped to just over £650 per month after Andy's death and took a lot of getting used to.

He had been ill for 15 years and as a family we were on the following benefits...

Income Support
Incapacity benefit
DLA
Housing benefit
Council tax benefit

All of the above had my husband as the claiment or primary claimant.

Child benefit
Carers allowance

The above were the only benefits in my name.

The Only debt he left was a social fund loan which as he was the primary claimant was written off.

He didn't leave any other debts as everything was in my name as it was easier for me to deal with things.

I received an inheiritance from my Aunt last year and used it to payoff almost all of my debts so that my outgoings would be reduced each month to make things easier.

When I informed The HB and CTB dept, that he had died I was told that as he was the claimant I would have to start a new claim. I asked why the original claim couldn't just be ammended with a change of circumstance and was told that although my name was on the original claim it I wasn't a claimant so would have to start again.

It took them ages to deal with my claim. and when they had I found that I was no longer entitled to 100% Hb or CTB as my income was now higher that was what the goverment say that I need to live on!

I am in receipt of

Widowed Parents Benefit
Child Tax Credit
Child benefit

I have 1 child still at home she's 15. I am unable to work as I have Fibromyalgia that has been exacerbated during the years of caring for my husband and also the stress of the months leading up and the time of his death, Also Osteo arthritus in my hands and Rheumatoid arthritus so am in a pretty sorry state myself.

If It wasn't for the high levels of pain ,Believe me, I would be out there trying to get a job and initially about 3 months after his death I did start applying for jobs, but it seems that no one wants to employ someone like me who has been out of the work place for over 15 years.

I probably do have letters from them somewhere ( I will have a look) But don't remember getting any letters stating the grounds for recovering the overpayment from me.I will email them asap after I find them.

Sorry for the long post but thought it would help if you had as much detail as possible.

Shooter x

[Emerald]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Hi Shooter,

Thanks for the detail is was helpful.
My colleague is of the opinion that this is breaking a number of rules, but we do need sight of the wording and the date where you became aware that you were being stopped for the overpayment to your partner. If you cannot find it, then we will draft a letter for you to send requesting the information.

As for looking for work, I suggest you take care of yourself and your family as a priority, you have all had a very difficult time over a long period and need to adjust at a rate that is beneficial to you all. Don't feel guilty or embarrassed because you are on benefits - thats what they are there for.

Take Care

Em x

[shooter]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Hi emerald
Thankyou for your reply
I have been looking for all the letters but due to extensive building and repair work that had to be done in the house over the past year (Andy wouldn't let me get anything done as it was too stressful for him, so have only just been able to get the Housing Assoc in to do it all, New staircase and 2 new ceiligs to name a few things), everything has been moved by well meaning friends, and I can't seem to find them, Can't find my car ins docs either, I think the're in the same box.

I would be very grateful if you could draft me a letter to send to the council for all the details and then I can send it recorded delivery.

many thanks for taking time to advise me, as I have said before on LB Everyone is sooo helpful.

Shooter x

[Emerald]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Hi emerald
Thankyou for your reply
I have been looking for all the letters but due to extensive building and repair work that had to be done in the house over the past year (Andy wouldn't let me get anything done as it was too stressful for him, so have only just been able to get the Housing Assoc in to do it all, New staircase and 2 new ceiligs to name a few things), everything has been moved by well meaning friends, and I can't seem to find them, Can't find my car ins docs either, I think the're in the same box.

I would be very grateful if you could draft me a letter to send to the council for all the details and then I can send it recorded delivery.

many thanks for taking time to advise me, as I have said before on LB Everyone is sooo helpful.

Shooter x

Ok - I'll get you something in the next day or so but anything you can retreive / remember would be a great help.

[shooter]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Ok - I'll get you something in the next day or so but anything you can retreive / remember would be a great help.

Hi Emerald

Have you had a chance to put anything together yet to help me get info from the council about my housing benefit?

Thanks
Shooter x

[Emerald]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Hi Shooter,

I'm very sorry this kind of slipped my mind. I'll get it for you tomorrow.

Take Care

[shooter]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Hi Shooter,

I'm very sorry this kind of slipped my mind. I'll get it for you tomorrow.

Take Care

Any luck with this yet Emerald?

Shooter x

[Emerald]

Re: Help Needed Recovery Of Hb Overpaynment But With A Strange Twist: Can They Do Thi

Any luck with this yet Emerald?

Shooter x

Hi,

My colleague seems to have disappeared off the face ofthe earth, so I am writing you one now with the bits he told me at the time added in.

[shooter]

Re: Help Needed Recovery Of Hb Overpayment But With A Strange Twist: Can They Do This

Emerald,
Sorry to keep on but have you had any luck with the template for this yet?
Shooter

[shooter]

Re: Help Needed Recovery Of Hb Overpayment But With A Strange Twist: Can They Do This

:bump:

Emerald,
Sorry to keep on but have you had any luck with the template for this yet?
Shooter

[Bluebell]

Re: Help Needed Recovery Of Hb Overpayment But With A Strange Twist: Can They Do This

Hi Shooter,

When I had some problems with the council demanding repayment of overdue council tax when I couldn't afford the payments, someone advised me to go to my local counsellor. I had got locked into the council machine and all I seemed to get was demand letters or telephone calls from unmoving council officers who had obviously forgotten that they were dealing with human beings. I was given a huge amount of help, and felt like I was being treated as an individual and that I was really being listened to. He was able to make a few enquiries and arrange for my payments to be temporarily lowered (there's a thread about it somewhere). It might be worth getting in contact with your counsellor because they have a quite a bit of "power" and might be able to get everything sorted for you without you having to face the bureaucratic machine. I think given your circumstances and your loss they could be a bit more helpful and communicative. Don't worry anyway. Good luck! If you don't know who your counselor is their names & addresses are posted on your local council website.