It this right?

[Bitingback]

Recently I have been "resting" from work and required to sign on for a bit, Claimed between Mid Feb 08 to April 9th 08, on JSA and all was fine with that. Application was put through for relief on Council Tax for the same period and all seems well with this but need to send more info to them.

However I received a demand from the council today for an overpayment in housing benifit from the period 02.06.1997 to 11.08.1997.

This is now over 10 years ago and tbh I have no recolation of any overpayment. So advise on a postcard please?

Can it be enforced considering it is so long ago?

[Amethyst]

Re: It this right?

Have you claimed HB Mid Feb 08 to April 9th 08 for this same period along with Council Tax benefit ?

Have a read of Part 13 http://www.opsi.gov.uk/si/si2006/uksi_20060213_en.pdf
The Housing Benefit Regulations 2006

Just looking up time limits.

[Amethyst]

Re: It this right?

There is a time limit within recovery action must be taken once the claimant has been notified of the overpayment.
Once 6 years has elapsed the Limitations Act 1980 will stop any court action being taken. The LA effectively has 6 years from that notification to start recovery action. There is no time limit where recovery is to take place from ongoing benefit.
However LAs should be able to prove that their notifications are compliant with Schedule 9 were sent and to the correct address.
Where the overpayment has been newly created the period of the overpayment is not subject to the Limitation Act.

[Amethyst]

Re: It this right?

http://www.londoncouncils.gov.uk/upl...71,1,Slide%201

powerpoint doc - staff guide

[Bitingback]

Re: It this right?

Thank you Ame, seems like I have some light reading to do, and in answer to your first question I have not claimed HB recently, just for council tax.

[Amethyst]

Re: It this right?

Okay so sounds like they are after subtracting over payment from council tax benefit.

Once you have done the light reading give HB a call and ask them to send you exact details of this alledged overpayment etc.

[Amethyst]

Re: It this right?

Regulations state that all decisions notices should be sent within 14 days of the decision being made (or as soon as practical after). The information that must be included in a decision notice (as listed on the two slides) is specified in Schedule 9 of the HB 2006 Regs or Schedule 8 of the CTB 2006 Regs, In the case of recoverable overpayments the details are in part VII of the schedules.

10 years is a bit longer than 14 days depends when and why decision was made.