Glasgow council are chasing me for housing benefit overpayment, advice needed

[knarf1]

Hi to all the members

 

I've had an ongoing issue with GC regarding an apparent overpayment for housing benefit, whilst I admit I was wrong to ignore this for some time, they have issued a final demand to me for £350 they claim was overpayed for a 3-4 period I was unemployed and hence, claiming benefits at this point

 

I have no issues at all regarding paying back but I'm unwilling to pay them more than £15:00 a month and also I'm unwilling to pay the full amount as the council failed to provide me with the correct information at the time, this is the only time in my life I have been unemployed therefore I'm quite naive as to the procedures etc.

 

I've so far paid back £30:00 and I'm only willing to pay £200 in total however having written to the council a while back (and received a rather curt 'we're digging our heels in over this' response) would appreciate some advice.

 

Finally if I've posted this in the wrong section please forgive me, whilat I realise the amount we're talking here isn't as severe as some of the debt figures bandied about, I feel it's a matter of principle.

[maroondevo52]

Hello and Welcome, knarf.

 

I don't think I can help you much, but there's a 'link' here to the Govan Law Centre, re: Time to pay order.

 

Time to pay for council tax debt | free legal help from Govan Law Centre, Glasgow, UK

 

If you get the 'time to pay' order sorted, this would stop any further action and give you time to dispute the amount.

 

I'll get in touch with another member on the site, who may be able to help you some more.

 

I'm going to move this thread to the Scotland Forum.

 

Regards.

 

Scott.

[maroondevo52]

Sorry, just re-read your post and I'm talking rubbish

 

I've moved your thread anyway, and hopefully someone will help you.

 

Regards.

 

Scott.

[silverfox1961]

Hi Knarf1,

Thanks to Scott for pointing me to this.

I'm not up on Scottish Law but I will do a little reading. I suspect it is very similar to english Law when it comes to overpayments.

Even though you delayed responding to the demands doesn't remove their obligation to prove you were at fault.

 

Have a read of the bits in red below

 

 

Hi to all the members

 

I've had an ongoing issue with GC regarding an apparent overpayment for housing benefit, whilst I admit I was wrong to ignore this for some time, they have issued a final demand to me for £350 they claim was overpayed for a 3-4 period I was unemployed and hence, claiming benefits at this point

 

During this period, were you claiming income support but more importantly, how long ago was this overpayment

 

I have no issues at all regarding paying back but I'm unwilling to pay them more than £15:00 a month and also I'm unwilling to pay the full amount as the council failed to provide me with the correct information at the time, this is the only time in my life I have been unemployed therefore I'm quite naive as to the procedures etc.

 

Do you get housing benefit at the moment? if so they could reduce your benefit to claw the overpayment back

 

I've so far paid back £30:00 and I'm only willing to pay £200 in total however having written to the council a while back (and received a rather curt 'we're digging our heels in over this' response) would appreciate some advice.

If it was a council error for this overpayment then why should you be penalised

Finally if I've posted this in the wrong section please forgive me, whilat I realise the amount we're talking here isn't as severe as some of the debt figures bandied about, I feel it's a matter of principle.

 

I'll do a bit of checking for you so for now, I would make a complaint to the Housing Benefit section. Don't admit you owe them anything. They have to prove you do and if it's something you have done wrong then it may be a case of sucking it up.

Just because they want you to pay more than you are willing to pay doesn't remove your right to live. If paying more than you can afford is causing hardship, tell them.

 

fox

[knarf1]

Thank's for the responses.

 

To answer the three points you raised:

 

1) During the period I was signed on and was in receipt of around £60:00 a week. I claimed this from Dec 05 - March 06 which was the period I was unemployed, the only period in my life I have been unemployed.

 

2) I don't receive housing benefot at the moment, I work in full time employment.

 

3) The letter I wrote to them detailed my issues for non payment of this, they wrote back to me claiming I was advised at the time (when I went to their office) to bring in something, can't remember if this was proof I'd signed on or whatever as this was a while back, this was reason I stated was willing to pay some, not all of debt

[silverfox1961]

Just found this:

 

http://www.govanlc.com/hb_arrears_mrd.pdf

 

I don't think you will be able to appeal as you're out of time unless you can get it on extreme circumstances.

That said, you could ask them to to a revised assessment. Have a look at page 4 of the document I posted.

I'll carry on reading for you later but I have to go out and post a couple of letters.

 

fox

[silverfox1961]

I think you may need this:

Financial Services

this is the person with overall responsibility for benefits so if you fail in your efforts, this is the person to write to.

 

I forgot to mention that if you write to them either hand it in at the council and get a receipt or post it recorded delivery. You will need to keep an accurate paper trail.

 

This is another link if your efforts fail with the council but you must have exhausted all attempts with them before you go here:

 

Scottish Public Services Ombudsman | Scottish Public Services Ombudsman

 

Don't forget to update us as you progress. If I get stuck, I'll call on another few peeps who have experience (far more than me)

 

fox

[cp1949]

HI Dont know if this is of any use to you but I am also getting housing benefit and they claw back the overpayments by reducing the amount over a short period of time. These overpayments are to do with the Councils not updating claims on time as I have had a few overpayments when I have informed the Council of changes in either tax code no or rent increases. Its the norm for Councils to charge the customer for over payments received as it takes them so long to update records