Overpayments occur where benefit is cancelled or reduced and money has already been given to you which you were not entitled to. Money can be paid either directly by cheque (private tenants only) or by crediting your council rent account or council tax account.

Overpayments are usually reduced by any underlying entitlement you may be entitled to (if any) i.e. benefit for the same period as the overpayment but at a lower amount based on the correct circumstances. This can only be done provided you have supplied evidence required to assess your claim.

You will be notified of all overpayments in writing, providing you with an explanation as to why the overpayment occurred and how it was calculated.

RECOVERY OF OVERPAYMENT

Council Tax Benefit Overpayment

If you have been overpaid Council Tax Benefit you will be sent a revised Council Tax bill. The Council Tax Service will send a new instalment arrangement to pay.

Housing Benefit Overpayment

If you have been getting help to pay your rent you will be sent an invoice, (or your landlord if the Council has paid him or her). It is the Council's decision from whom to recover the debt.

The invoice must be paid and you will be given the opportunity to pay by instalments if you would experience difficulty in paying it in one amount.

If you are a Council tenant the debt will only be added to your rent account providing it is in credit. If you would prefer the overpayment to be debited to your rent account then you must discuss this with the Housing Department.

STILL ENTITLED TO HOUSING BENEFIT

If you are still entitled once your benefit has been recalculated, then the overpayment will be recovered from ongoing benefit. This is usually at the rate of £8.40 a week (in some circumstances we can recover at the rate of £11.20 a week). You must pay this extra amount to your landlord to prevent your rent account going into arrears.

If the recovery rate causes extreme hardship, please contact the Benefits Service who will review the decision. If the rate is reduced then it will be reviewed every 12 months, if there is still a debt outstanding.

FREQUENTLY ASKED QUESTIONS

What happens if I don't pay the invoice ?

When you receive an invoice it means that the overpayment has been determined as recoverable. This means that the Council can seek repayment through the County Court by way of a Judgment Order if the overpayment is not repaid.

We will also follow other recovery actions using the court. Any expenses incurred to the Council will be added to your debt.

What if the overpayment was the fault of the Council or Department for Work and Pensions?

An overpayment can be recovered even though the Council or DWP may have been at fault providing you could reasonably have known that you were being overpaid. For example if you advised the Council that you had started work but your benefit did not change and you did not receive notification that the new earnings had been taken into account, it could be said that you were reasonably aware that you were being overpaid as the benefit should have altered due to your increased income.

What do I do if I have a query ?

If you have a query about the overpayment itself, i.e. the way it has been calculated, you must contact the Benefits Service on 01932 425388.

If the query is about the repayment of the debt then please contact the Sundry Debtors service on 01932 425393.

What if I disagree with the overpayment?

If you disagree with the overpayment you may request a written statement of reasons and/or appeal against the decision. This must be done within one month of you being notified about the overpayment.

Want to know more? Please contact the Benefits Service.