Backdated Benefits and Overpayments

Backdating

Claims can be backdated for a maximum of 52 weeks from the date of request, however, in order for this to be done good cause must be shown. Good cause can be illustrated by a period in hospital, or other circumstances that prevented you from making a claim at the correct time.

At the back of our claim forms there is a section where you can ask for backdated benefit, or alternatively you can write a letter requesting backdated benefit. Each case is considered on it's own merits therefore we are unable to guarantee that they will be awarded a back date. You must provide as much information and detail as possible together with any supporting evidence in writing.

Overpayments

An overpayment is any amount of Housing Benefit or Council Tax Benefit that has been paid to you, to which you are not entitled.

Overpayments may occur due to a change in circumstances such as:

• Your income details have changed
• Someone has moved in or out of the property
• Non-dependents income has changed

Overpayments of Council Tax Benefit are recoverable unless:

• They are caused by an official error; and
• The claimant or the person receiving the benefit could not be expected to have known there was an overpayment; and
• The claimant or person receiving the Council Tax Benefit did not contribute to the error.

We recover overpayments as a lump sum, from your Council Tax account. You will then be sent a new Council Tax demand, with an amended instalment plan.

It is a criminal offence to dishonestly, or without reasonable excuse fail to the council benefits department of a change in circumstance that you are required by the Benefit Regulations to report.

Below are some examples of the things that you, anyone acting on your behalf, or your landlord should tell us about.

* If you change your address
* If you stop paying rent, or if the amount of rent changes
* If you stop paying Council Tax
* If you stop getting Income Support or Job Seeker's Allowance
* If you marry, or separate from a partner, or if someone moves in or out of the home
* Any changes in income or in your partners income (if you have one). This includes:
* salary/wages
* maintenance payments received
* pensions received
* money held in a Bank or Building Society, National Savings, Shares or other investments
* Social Security Benefits
* any other income

If in doubt, let this office know anyway.

Local Authority Official Error

This is when the Benefits Division makes a mistake in its calculations, or fails to act on information from a claimant that would affect the amount of Housing Benefit/Council Tax Benefit that is payable. These overpayments may be recovered, but only if the claimant or the person acting on their behalf could have known that the error had occurred, at the time that the Benefit award or notification letters were received.

Fraudulent Overpayments

This is when the claimant, or person acting on their behalf, knowingly gives the wrong information to the Benefits Division, or deliberately fails to advise them of a relevant change in their circumstances. All such overpayments are recoverable, and in some cases will lead to prosecution.

Disagreeing with an Overpayments decision

The first thing to do when you receive your overpayment letter is to read it carefully, it will contain a paragraph which will explain what the overpayment is for and the dates you have been overpaid.

If you still disagree with the overpayment after reading the explanation you can do the following: phone, write or visit the Council Offices. You can appeal against the overpayment, but you must do this in writing and within one calendar month of the date of the letter.

Recovering the Overpayment

When an overpayment occurs, you will be sent a letter from the Benefits Division. This letter will give you the reasons, the period that you have been overpaid, and the total amount of the overpayment. The letter will also tell you if the overpayment is going to be recovered.

In the case of Housing Benefit Overpayments the Benefits Division will recover all claimant error overpayments from the person to whom payment was made. This may be the claimant, the person acting on their behalf or (in the case where a landlord is paid direct) from the landlord. If you have an ongoing entitlement to Housing Benefit, the overpayment will be recovered on a weekly basis from this amount. The level of the reclaim will depend on your level of income. If you no longer qualify for Housing Benefit, an invoice will be issued.

In the case of Council Tax Benefit Overpayments these will always be recovered, as a lump sum, from your Council Tax account. You will then be sent a new Council Tax demand with an amended instalment plan.

If the recovery of a Housing Benefit/Council Tax Benefit overpayment is causing you financial hardship then you must contact the Benefits Division straight away. You may be asked to provide a statement of your income and expenditure, to help staff make a more suitable repayment arrangement.

For further information please contact the Revenues Division on 01789 260991 or by email at revenues@stratford-dc.gov.uk or by fax on 01789 260444.