Benefits Payments

My council told Universal Credit that they had overpaid my housing benefit for 6 days. Universal Credit deducted this from my Universal Credit payment. However, I paid the council that money back before the Universal Credit deducted it from their payment. And now neither UC nor the council accepts responsibility for the deduction and I cannot get it paid to me (of £78.13). I believe UC is responsible as they deducted it. What can I do? 

You should

visit your local CAB with all the evidence. They will be familiar with this sort of thing.

Profile: Interested in the subject

If what you say is accurate,

If what you say is accurate, it will mean that your rent account is in credit and you can ask for the money back that way.

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.

thanks. i pay a private

thanks. i pay a private landlord so not sure what you mean about rent account. i was on ESA where the council paid my rent but then moved to UC where they pay it and the council just paid an extra week. they got their money back but UC deducted it and they don't seem willing to pay it back as they say it was a rightful deduction. But i say it wasn't. they're insufferable!

Thanks. Yes, I will try to

Thanks. Yes, I will try to get in to see them

Why would they pay it back?

Why would they pay it back? It must have been paid over to the landlord. It won't be floating around between UC and the council.

Everyone who rents has a rent account, whether it is with the council, another social landlord or a private landlord. The rent account is the account of the rent you have paid. Your landlord will be able to tell you if he received an overpayment and should provide you with a copy of your rent account if you ask.

If the landlord doesn't have it, then it's not an overpayment.

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.

the council paid me the rent

the council paid me the rent benefit directly when i was on ESA and i paid the landlord. the council paid me by mistake when i had switched to UC and when UC was responsible for the rent amount. the council told me theyd overpaid me so i paid them back. i was then expecting the rent amount for that week to be added to my UC payment but it was deducted because UC say the council had already paid me by mistake. therefore UC need to reimburse me that amount. 

 

Firstly, no one else is

Firstly, no one else is 'responsible' for your rent but you - the fact that you get benefits to pay it doesn't make them 'responsible'.

Sounds like there is a gap between the housing benefit and the universal credit. You need to get evidence from the housing benefit department that you repaid the sum and provide that to universal credit.

This is not a legal problem though, so you are better off posting on this forum to get help in challenging your issue: http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?160-Benefits...

 

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.

i have got proof from the

i have got proof from the council that i repaid the overpayment and i ahve provided it to UC but its altered nothing. i dont see why this doesn't have legal implications because i count this as money that i was due in benefits that has been deducted without good cause and now there's failure to repay. i have paid my way in this life ever since i could and i find myself unemployed due to discrimination and wot i say is unfair dismissal (tribunal date is set). I used to pay more per month in deductions from wages than i receive now in benefits so i object to you taking issue with my loose use of the term 'responsible.' plus don't forget, i rapidly paid back this overpayment rather than fighting it/concealing it or doing the wrong thing. the council should not have told UC about my overpayment if they were just going to ask for it back. then they should have told UC i had paid it back. this was all before UC was paid so someone is at fault somewhere. 

YOU are the only person

YOU are the only person responsible for paying your rent, how you pay it, whether it is from your own purse or the public purse is irrelevant. That is a fact, not something you can object to.

It's still not a legal issue, whether you 'see' why or not.

Go to the forum I suggested.

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.

you seem to have a problem

you seem to have a problem with your attitude fella. i was simply asking a question and was politely pointing out that i didn't see why taking money wasn't a legal issue. i was reasonable, polite and enquiring. i find your response rude, unhelpful and quite frankly, aggressive and completely unnecessary. 

You've been told what to do

You've been told what to do and that it's not a legal issue - how much clearer can one be?

Off you go.

Profile: Independent (owner ABS) legal professional: 25+ year work history incl. 10 years in child protection - nine years legal experience in non-molestation/occupation orders; housing law (tenant/landlord); mortgages; possession hearings and family proceedings. Advice is provided for the purpose of answering the questions posed, based on the information given. Happy to accept instructions from those in the London area.
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