benefit review but not needed

[nattylou]

Long story short: dh was unemployed, I work p/t. We got ctax benefit ( later changed to something else, cant remember the name). When dh was back in work, I informed the council. They still kept putting the benefit on our bill. I called them several times and each time, they said they would deal with it and it was sorted.

 

Today we received a benefit review letter, wanting paperwork wage slips etc and dates. I can't remember when dh started work,I just know it was about 2 years ago.

 

I usually take the name of people I talk too, especially with things like this, but for some reason, I didn't this time. Obviously, it wasn't sorted out and now I'm in SUCH a state.

 

I'm panicking because if I call them on Monday and explain all this, what is the likely outcome? I've been paying what has been on my bills,every week by standing order and have never missed a payment. The last one is due on 27th January, And then obviously the new bill in March. I'm really worried that they are going to send bailiffs in or take me to court,even though I haven't done anything wrong. My mind is working overtime, I haven't eaten all day and probably wont sleep tonight

 

I can't even give them the dates I called, cos I can't remember.

 

Can anyone advise me as to a likely outcome, or what I can say, any useful phrases?

 

Thank you in advance.

[Mr.P]

Did you originally inform the council of a "change in circumstances" in writing when dh started working ?

If you also informed them of a suspected overpayment at the time, it should come under the heading of "official error" - I would consider sending the council a Subject Access Request asking for all computer notes, paper records, and telephone recordings/transcripts for the last three years at a minimum.

 

As for court action or bailiffs, if you can demonstrate that a change in circumstances had been notified, the council will not go down that route. (If they do, they'll end up with egg on their face).

 

Above all, do not panic - Easy to say, but difficult to do. Calm down as best you can, and tomorrow, dig out payslips, bank statements, and HMRC letters to pin down the date dh started work. Try to find any letters the council sent you around that time as well - When you have narrowed down the date(s) when dh started work, you can direct the council to search their records for those approximate dates.

 

The above assumes that this "benefit review" is related to an overpayment for the last two years. It could be that they want to see if they are making the correct payment for the current (and next) financial year. In which case, you may be getting worked up over nothing.

Edited January 19, 2014 by Mr.P

[nattylou]

Did you originally inform the council of a "change in circumstances" in writing when dh started working ?

If you also informed them of a suspected overpayment at the time, it should come under the heading of "official error" - I would consider sending the council a Subject Access Request asking for all computer notes, paper records, and telephone recordings/transcripts for the last three years at a minimum.

 

As for court action or bailiffs, if you can demonstrate that a change in circumstances had been notified, the council will not go down that route. (If they do, they'll end up with egg on their face).

 

Above all, do not panic - Easy to say, but difficult to do. Calm down as best you can, and tomorrow, dig out payslips, bank statements, and HMRC letters to pin down the date dh started work. Try to find any letters the council sent you around that time as well - When you have narrowed down the date(s) when dh started work, you can direct the council to search their records for those approximate dates.

 

The above assumes that this "benefit review" is related to an overpayment for the last two years. It could be that they want to see if they are making the correct payment for the current (and next) financial year. In which case, you may be getting worked up over nothing.

 

Ok, so I didn't do it in writing, I did it all over the phone, and like I said I didn't get names like I usually do. Hubby has just informed me that he started work in January of 2011. If there has been some form of overpayment, even though I informed them, what will happen?

[abc123def]

They will let you know how much the overpayment is and if you are unable to pay it back in one go then you can let them know how much you are able to afford monthly and see if they will accept that offer of repayment. They are more likely to accept offers of repayment if you have done an income and expenditure sheet with the CAB and they can see that following their guidelines you are offering to repay all you can afford to do so each month in my experience.

[nattylou]

They will let you know how much the overpayment is and if you are unable to pay it back in one go then you can let them know how much you are able to afford monthly and see if they will accept that offer of repayment. They are more likely to accept offers of repayment if you have done an income and expenditure sheet with the CAB and they can see that following their guidelines you are offering to repay all you can afford to do so each month in my experience.

 

So, what exactly do I say when I call them tomorrow? I am SO scared and worried.

[Mr.P]

I would suggest starting with the line: "You were informed of the change in circumstances when dh started work."

Follow this up with: "You were repeatedly informed that a suspected overpayment was being made - In the absence of any further communication, it was assumed that the payments had been calculated correctly."

 

The council will want copies of pay slips and bank statements eventually, so it may be worth making an appointment and trying to get this sorted out sooner rather than later - If they decide an overpayment has been made and refuse to accept "official error", make an offer to repay at a level that you can afford. Also lodge an appeal at the same time if they don't accept "official error".

[nattylou]

I would suggest starting with the line: "You were informed of the change in circumstances when dh started work."

Follow this up with: "You were repeatedly informed that a suspected overpayment was being made - In the absence of any further communication, it was assumed that the payments had been calculated correctly."

 

The council will want copies of pay slips and bank statements eventually, so it may be worth making an appointment and trying to get this sorted out sooner rather than later - If they decide an overpayment has been made and refuse to accept "official error", makeat a level that you can afford. Also lodge an appeal at the same time if they don't accept "official error".

 

We have decided to do it in writing. Less chance of human error (although the previous record doesn't inspire confidence really). So, do I just put the same phrases in the letter, or is there something specific I need to put in. We are sending the review form with the letter. Is that the right thing to do?

[nattylou]

Mr P, would you consider having a look at the letter for us?

[Mr.P]

Sure, but if you don't want to post it here, you can't use the private message system (unless a site admin enables it for you). Probably best to post it here (with identifying information removed), then the experts can comment and advise accordingly.

[honeybee13]

Sure, but if you don't want to post it here, you can't use the private message system (unless a site admin enables it for you). Probably best to post it here (with identifying information removed), then the experts can comment and advise accordingly.

 

Spot on, Mr P. Best to post on open forum and remove any identifying details. HB

 

HB

[nattylou]

Dear Sir / Madam

Ref:

With reference to the above claim, please find enclosed a completedClaim Review Form.

When I was originally out of work and claiming Job SeekersAllowance, I was informed that I wouldn’t be able to claim Council Tax Benefit. The claim was put through nevertheless, byyourselves.

You were informed of a change in circumstances in February2011, when I commenced employment. Itwas after this date that I was informed that I had been granted a reduction inCouncil Tax.

You were repeatedly informed of a suspected overpayment, onthe production of each new bill. In theabsence of any further communication from yourselves, it was assumed that allcalculations were correct.

This is all I havefor now, any further help would be SO greatfully received. I just want this sorting out, as soon aspossible.

[Mr.P]

Dear Sir / Madam

 

Ref:

 

With reference to the above claim, please find enclosed a completed Claim Review Form.

 

When I was originally out of work and claiming Job Seekers Allowance, I was informed that I wouldn’t be able to claim Council Tax Benefit. The claim was put through nevertheless, by yourselves.

 

You were informed of a change in circumstances in February 2011 when I commenced employment. It was after this date that I was informed that I had been granted a reduction in Council Tax.

 

You were repeatedly informed of a suspected overpayment, on the production of each new bill. In the absence of any further communication from yourselves, it was assumed that all calculations were correct.

 

In light of recent communications from yourselves, it would appear that you believe an overpayment has occurred. In an effort to resolve this matter, I am prepared to meet with a senior benefits officer and go through payslips and bank statements for the period in question. I would urge you to contact me at the earliest opportunity to arrange a convenient time and date for such a meeting.

 

Yours sincerely

 

 

Keep a copy of the review form and post (or hand it in) to your council tomorrow - This gives others a chance to comment and suggest changes.

 

What you have written puts across the main points clearly and concisely, I just added a bit to indicate a willingness to resolve the matter. When the council have been through the figures and come to a decision, you can throw the "official error" argument at them if there has been an overpayment. But we can deal with that if/when it happens.

[nattylou]

I sent the letter to the council, and they have sent a decision. They say that we have been overpaid over 3 years, to the tune of £2457.36. It says on the notices, that the relevant amounts (there are 3 different amounts) will each be recovered from our council tax account. Does this mean that our bill for 2014-15 will be £2457.36 PLUS the normal yearly amount? If that is the case, we really can't afford to pay THAT much in one year. Can they take that much in 1 year, or can it be spread over a different amount of time? Would they take a certain amount each year, for example, like the tax credits do?

 

It also says that we can write a letter to ask them to review the decision, and if the decision is the same, only THEN can we appeal.

 

I want to write a letter, so do I just redo the original one, and ask them to have another look at the decision, THEN go down the appeal route?

[Mr.P]

I want to write a letter, so do I just redo the original one, and ask them to have another look at the decision, THEN go down the appeal route?

 

Something along the lines of:

Dear Sir/Madam

 

Ref:

 

Please accept this letter as a formal request to reconsider your overpayment decision as part of the appeals process.

 

As has been previously stated, you were informed of a change of circumstances and repeatedly advised of possible overpayments at the time. As a consequence of your failures to take action, it was assumed that the payments were in fact correct. On that basis, if an overpayment has been made, I would consider this to be an "official error" on your part.

 

Now, if they will accept an "official error" has been made, it may be possible to get the total amount reduced. With the DWP, if they acknowledge an official error, overpayments are usually written off. Not sure if the same rules apply to councils.

[antone]

Councils will only accept "official error" if the claimant had good reason to believe the amount they were paid was correct. So they have stricter rules than the DWP.

[nattylou]

Councils will only accept "official error" if the claimant had good reason to believe the amount they were paid was correct. So they have stricter rules than the DWP.

 

So can they ask for the whole lot in one go, or over a longer length of time?

[antone]

So can they ask for the whole lot in one go, or over a longer length of time?

 

No, they can't ask for the whole lot in one go. Well, they can ask, I suppose, but no court in the land will force you into starvation over a benefit overpayment.

[nattylou]

No, they can't ask for the whole lot in one go. Well, they can ask, I suppose, but no court in the land will force you into starvation over a benefit overpayment.

So could they do it over a longer time period? Say 2 or 3 years. Just the overpayment? We would pay the normal bill, as normal.

[antone]

So could they do it over a longer time period? Say 2 or 3 years. Just the overpayment? We would pay the normal bill, as normal.

 

That's the normal way to repay an overpayment, yes.

[Mr.P]

Councils will only accept "official error" if the claimant had good reason to believe the amount they were paid was correct. So they have stricter rules than the DWP.

 

The OP stated:

When dh was back in work, I informed the council. They still kept putting the benefit on our bill. I called them several times and each time, they said they would deal with it and it was sorted.

in her first post - On that basis, (if it were me) I'd be appealing on the grounds of "official error". The appeals process doesn't cost anything and there is much to be gained if it is successful. If they refuse to accept "official error", they may be amenable to accepting a lower figure.

 

Worth a try ?

[antone]

The OP stated: in her first post - On that basis, (if it were me) I'd be appealing on the grounds of "official error". The appeals process doesn't cost anything and there is much to be gained if it is successful. If they refuse to accept "official error", they may be amenable to accepting a lower figure.

 

Worth a try ?

 

Definitely worth a try. As you say, there's nothing to lose.

[nattylou]

I sent the letter today, then arrived home to a bill for about £3500 to include 13-14. They have requested the amount in 1 payment on 31 March. There's no way in the world we can do that.

 

On the letter yesterday, it said that we had 1 month to ask for a new decision ( today's letter), and then a further month to appeal, so why send a bill today? I'm so scared and confused now.

[Mr.P]

On the letter yesterday, it said that we had 1 month to ask for a new decision ( today's letter), and then a further month to appeal, so why send a bill today? I'm so scared and confused now.

 

My local council, over the last five months, have sent me six bills, all with different amounts and payment schedules. Until a few days ago, I had been disputing the value of some shares which they have finally accepted my valuation. In between each new bill, I had been paying an amount that I thought reasonable.

 

In your situation, I would write to the department that sent out the bill, explain that the full amount is in the process of being appealed. Also state that you do not have the funds or means to pay such a large sum all at once and ask for a reasonable repayment plan that will not leave you in financial hardship.

[nattylou]

I sent the letter to ask them to reassess their decision. What we got back was just a breakdown of the (non) allowance. I'm not sure what to do next. We want to appeal, but not the decision regarding the allowance for benefit, just the overpayment amount, as they were repeatedly informed that dh was working, but they kept saying that we were entitled.

 

I need some sort of template letter, as they haven't told me how to appeal.

 

I have done our budgeting and we can afford to pay £15 a week to the overpayment as well as the normal weekly amount for the standard bill. I'm hoping they will accept this.

 

Once again, thank you.

[nattylou]

We have an overpayment of £3487. We were going to appeal, but have been advised against it, so we have to pay.

 

I was going to send this:

 

Dear Mrs ?

 

Following your letter of 21st February regarding the overpayment of £x, I would like to make an offer to repayment of £x a week.

 

This would be added onto the 14-15 bill, which I would like to pay in installments over 52 weeks if possible.

 

The money would be paid monthly by direct debit,/standing order on the 31st of every month, beginning on 31st March 2014.

 

Please find enclosed an income / expenditure sheet.

 

Please advise me as soon as possible if this arrangement is acceptable.

 

Yours etc etc

 

Does this sound ok? Thank you in advance.

 

At this amount, it would be about 4 years for us to pay it off, but it is an affordable amount. Any more and we will struggle. Plus, there's always the possibility of paying it off early, if we got a lump sum etc.

 

I'm just enquiring about the best way to go from here.* Thank you.