Is it worth appealing against Housing Benefit overpayment

[sharon1231]

I have just been notified that between aug 06 and march 08 I was overpaid housing benefit ( �560 in total)
They want the money back even though they admit it was their fault, they only took into account the child benefit for 2 of my children instead of all 4 even though I gave correct information they say that it is reasonable to expect that I could have noticed their error.
I can appeal but does anyone know if i am likely to get anywhere with it?
the dispute would have to be whether it is reasonable or not to expect me to have noticed their error

[sara3]

I'd say it's definitely worth a shot, and I wish you luck.

if you have to repay it, offer them tiddly instalments :o)

[factor-fiction]

I'm pretty sure if it was overpaid by them in error, even though it was their mistake, they have the right to recover it, irrespective of whether you should or shouldn't have noticed the error. However, I would argue that if it was overpaid over a period of 2 years they should recoup the money over a similar period of 2 years. But you may find they simply reduce your payments going forward to the new lower level, and reduce it further to claw back overpayments- and I don't think there's much you can do.
Good luck

[barry1010]

They do have the right to recover it, and you have no right to keep it.
You do have the right to ask to pay it back in instalments over time.

[bednobs]

personally i think it's worth appealing. Not sure i would notice an overpayment of less than 30 quid a month (mind you i dont get HB so i wouldn't know)

even if you lose the appeal, you are in no worse position than you are now

[CrazyCathy]

If you should have noticed it surely they should have noticed they were paying you too much when they calculated it. Isn't it supposed to be checked by them anyway?

Did you have it paid direct into your bank account?

I've heard people say some of the benefits are hard to work out, but I can't see why they can't just deduct a certain amount every week/month or however the benefit is paid

[themas]

The answers saying you have no right to keep it are incorrect. As you say yourself, it depends in whether it was reasonable for you to have noticed the error. This is included in the relevant regulations.

I assume you did not notice it. Very often, the notifications of benefits such as housing benefit are complex and not easy for a layman or woman to work through and understand. If you still have it, you need to look at the notification which contained the error, see how it is set out and whether it is completely clear. There is case law on this sort of thing. If you want to appeal it would be best to take all the documents to your local CAB or other welfare benefits advice agency & get their opinion.

[stonekicker]

ha! i tried appealing a similar problem with my local authority. you do have to repay, irrespective of whose fault the over/underpayment is; i was told the appeal window is 6 weeks for housing benefit decisions and as the mistake was two years old, we could not appeal; and they refused to show exactly how we owed them money - they said they didn't have to and so did not provide the information. we tried everything to get some kind of explaination and proof of debt, but were just met with rudeness and court summons. in the end, we repaid them �1500 over two years and then when i stopped the direct debit when we finished playing, they sent us another rude letter. all i can say is...its housing benefit all over. good luck - you will need it x

[staci]

this happend to us and my husband took it up with them and tehy had a mini court thing over it. he sat on is own round a table with three of them... he was trying to explain the circumstances around his not noticing the mistake but they completely overruled him and he had o pay it all back and they lowered his benefit too.

[lily-lady]

I was over-paid too....and in exactly the same circumstances as you! [only took into account one child instead of two]. I appealed and still had to pay it back....Council tax benefit too :O{
You do get to pay it in instalments though....thats nice of them isn't it?!?!?!

[maggs1703]

i have just gone through exactly the same thing and i agued the point and got all my paperwork together and went in guns blazing sat with them went through everything worked it out simplisticaly and they still said i was wrong in the end very reluctantly i gave up but had it noted that i dissagreed with their decision. mine was over 10 months and an overpayment of housing benenfit and council tax had been paid they knew i was on benefits i said if this is the case youa re only allowed to take �3 a week off me answer replied was no this is government money and has to be re-paid at �9.15 a week and this is what happened but now it is all in rent arrears so now only pay �3 a week off my arrears they love to confuse matters but be pre warned the government say what you are entitled to but when it comes to paying them back the payments are increased ??????????? good luck