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Old Benefit - clawback Options
MrsWoman
#1 Posted : Thursday, January 20, 2011 9:53:01 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 12/4/2009
Posts: 331
Location: South London
Hi,

I am astonished I am in receipt of a recacluation of a claim for council tax benefit for 07/08 saying they have now recalculated my award for that period and as its not an admin mistake I have to repay them £145 and threatening me with a criminal record if I dont pay. I only got council tax benefit for that 6 months through job seekers. the recalculation works out to be roughly 75% in their favour.... i cant believe they sat down now in January 2011 nd recalcluated and adjusted it from £9 a week to £3

I remember that is was told at one point by a member of council staff that there had been a mistake but as its clerical that if they request a refund I should not pay as it was not my fault.

I found trying to claim any help bureacratic and from that experience and have not and would never go through it again. I dont want to go to cab and hoping rich could tell me what I should do. I am thinking of complaining to my mp. Any ideas? Rich...


Huh


Rose-B
#2 Posted : Thursday, January 20, 2011 10:40:58 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 4/20/2010
Posts: 1,749
Location: Somerset


How annoying and irrated you must be feeling. I am afraid I cannot help
you so hope Rich inputs for you soon. Good luck. I would contact
cit advice I think.

Rose
RichC
#3 Posted : Friday, January 21, 2011 6:14:28 AM Quote
Rank: Advanced Member


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Joined: 8/30/2010
Posts: 507
Location: Gravesend
Hiya ,
I know you say you do not want to go to CAB , but it is something they should be very good at .I am a social policy co-ordinator at my Bureau and i would be very interested if My council were sending out letters like that , and as for threatening with a criminal record .. we would make sure those letters stopped.

Again i can't give advice without seeing all the paperwork , but i do have to mention that it sounds like a Council Tax demand rather than overpayment recovery , and if it is and you totally refuse to pay all the way down the line .. it could ultimately go to the Bailiffs and then to magistrates court(with the possibility of prison).

If you told the council of any relevant change of circumstance in good time , and have proof of this , then it could be regarded as an official error (ie it could be the council's fault) and therefore not recoverable .
However all paperwork would need to be seen .

It might be that all you can do is negotiate payment terms at the moment to avoid further action. Council's have a strict protocol to collect owed monies , and it is nearly impossible to negotiate with them once it has gone to County Court.
If you believe you were told that it was an admin error , then it is your right to ask for a copy of all your records from the council under the Data Protection Act, this will involve a small fee , and the application would need to be correctly worded .

If there is an actual decision letter , then you can appeal the decision , stating that you were told it was an admin error and that you supplied all relevant change of circs in time.

Go to CAB .. you really need to.

Sorry i cannot be of any more help .

Rich :)
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
MrsWoman
#4 Posted : Friday, January 28, 2011 10:16:01 AM Quote
Rank: Advanced Member


Groups: Registered

Joined: 12/4/2009
Posts: 331
Location: South London
Hi Rich,

Thanks for the advice. Its definitely a revised benefit calculation from 4 years ago and it was on information i gave them 4 years ago. I reluctantly go to CAB but its difficult to get a slot and they money is due to be paid on 1 Feb and am unsure if I can get an appointment before this. I cant believe that I am about to relive the torture I went through 4 years ago - and was quite traumatised by the bureacracy and deadlines when it takes their letters 10 days to reach me. Its just the thought of dealing with them again that I find upsetting.

Regards

mari


RichC
#5 Posted : Friday, January 28, 2011 11:20:43 AM Quote
Rank: Advanced Member


Groups: Registered

Joined: 8/30/2010
Posts: 507
Location: Gravesend
Hiya ,
you really need to speak to the Council then asap , and advise them you are seeking help from the CAB, tell the Council of your current financial situation , it could delay the issue , as they should really send you out an income/expenditure form , giving you time to see CAB :)

All the best
Rich :)
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
MrsWoman
#6 Posted : Tuesday, February 08, 2011 8:50:24 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 12/4/2009
Posts: 331
Location: South London
Thanks Rich

I spoke to my council who was quite quick coming back to me on teh overpayment and says it was a mistake on their system and not my fault as I was not aware and the guy I was dealing has recommended it to be written off but its apparently up to the higher ones..... so i may still have to pay it. anyway fingers crossed...
ThumpUp

Glenys-H
#7 Posted : Tuesday, February 08, 2011 9:09:49 PM Quote
Rank: Advanced Member

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Joined: 12/4/2009
Posts: 336
Hi Mari, some good news, I'll keep my fingers crossed for you.Hope your health is settled at the moment. Take care. Glenys.
Rose-B
#8 Posted : Tuesday, February 08, 2011 9:49:36 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 4/20/2010
Posts: 1,749
Location: Somerset


Hi

Hopefully good news fingers crossed
RichC
#9 Posted : Tuesday, February 08, 2011 10:37:44 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 8/30/2010
Posts: 507
Location: Gravesend
Hi mari ,
if it is official error and you have told them of all relevant change of circumstances , then they cannot recover the money , if they get funny about it then tell CAB and or ask for all the info they hold about the issue under the data protection act .
It may cost a little bit of money but could be well worth it .
In this current climate we will see Councils trying to get every penny they can unfortunately.


The DWP handle the admin of Council Tax Benefit and here is what the latest guide says to Benefit recovery


"Is an overpayment recoverable?

There are three questions, which must be considered in order to decide whether an overpayment is recoverable.
They are
• Was the overpayment caused by a mistake, whether in the form of an act or omission, by the LA, DWP, HMRC or a person acting on their behalf?
• Did the claimant, a person acting on their behalf or the person to whom the benefit was paid, cause or materially contribute to the mistake, act or omission?
• Could the claimant, a person acting on their behalf or the person to whom the benefit was paid, reasonably have been expected to realise they were being overpaid, either at the time of the official error overpayment or any notice relating to the payments that were made? HB Reg 100 & (Pension Credit) 81; CTB Reg 83 & (Pension Credit) 68

Note: The question of whether an overpayment is recoverable is separate from the question of whether to recover it."



The full HB/CTB guides can be found here






Rich :)
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
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