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

[shooter]

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

:bump:

Hi all
I'm Bumping this as it's a new year and I'd really like to get this sorted out before a new Financial year for my HB starts.

Emerald did you ever manage to speak to your friend or draft a letter for me??

Sorry if I seem unable to sort this out for myself but I have been confused by information given elsewhere and want to get this right.

Shooter

[Amethyst]

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

Hi honey, Emerald hasnt been about much for a while so am looking up some bits.

An appeal has to take place within 13 months of the decision - however where you werent reasonably aware of the decision (which as HB was paid direct to landlord and you received no notification I cant see it would be reasonable for you to be aware) so looking up on that bit

also in the SSA there is this

(3) An amount recoverable under this section is in all cases recoverable from the person to whom it was paid; but, in such circumstances as may be prescribed, it may also be recovered from such other person as may be prescribed.
(4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.




so am looking up what may be presecribed.




Also - The 'overpayment' - your husbands claim ended when he passed on, and your claim started the date you made the application, so yes it should only be an overpayment for those two weeks.



Capital wise, they could be using the pension lump sum you received from your husbands estate as capital, possibly also the inheritance from your aunt, - this would reduce the benefit you were entitled to so the rest of the overpayment may be recalculating due to that.


also with reference to your health are you entitled to any disability/incapacity benefits ?


I think first step is to find out exactly what went on with your claim and what the overpayment is from...A letter asking should find this out alternatively a formal subject access request.


also this might help anyone reading up on HB - DWP - Advisers - Technical guidance - RR2 - Changes in entitlement

[Emerald]

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

Hi Shooter,

I'm really sorry but I have just opened a PM from you from over a year ago asking about this - has it been resolved?

[shooter]

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

Hi Shooter,

I'm really sorry but I have just opened a PM from you from over a year ago asking about this - has it been resolved?

Hi Emerald

Thanks for gettong back to me......

No this is hasn't been resloved as yet But my Housing Association have taken on the fight for me.

The council as still saying that they can recover the over payment from me even though the HA have shown them the legislation thats says they cannot.... Merton council are a law unto themselves (as the actions of their baliffs prove time and time again).

I can see that eventually this may have to go to court for me to get my money back, but I doubt the HA will take it that far for me.

If that does happen I will likely need the help and support of this site........

Shooter