Housing and Council Tax Benefit Overpayments
What is an overpayment?
An overpayment of benefit happens when you are paid Housing or Council Tax Benefit that you are not entitled to.
How will I know if I have an overpayment?
We will write and tell you. The letter that you receive from us will give you full details of the overpayment. We will tell you:
- What caused the overpayment
- The dates of the overpayment
- How much the overpayment is
- If we are going to ask you to pay the overpayment back, and how this will be done
- What you should do if you disagree with the overpayment
Why have I got an overpayment?
There are several reasons why you may have received an overpayment of benefit. Here are a few examples:
- You may have forgotten to tell us that your income has increased (income is money coming into your home. For example wages, state benefits, works pension, tax credits)
- You may have had a change in your savings
- Somebody may have moved in or out of your home
- You may have started work or changed jobs
- If you have a non-dependant living with you, their income may have changed
- You may have moved out of your home and not told us (Please do not rely on the Benefits Agency or your landlord to inform us of any changes)
- The Benefits Agency may have told us to cancel your claim or there may have been a delay in receiving information from them
Can this overpayment be reduced?
We may be able to reduce the amount of the overpayment if you are still entitled to some benefit for the period of the overpayment. This is called awarding "Underlying Entitlement".
Example:
Mrs Smith is paid Housing Benefit of £50 per week for the period 3rd June to 28th July. The Housing Benefit entitlement of £50 is based on Mrs Smith receiving Income Support.
On 2nd September we are advised by the Benefits Agency that Mrs Smith's entitlement to Income Support ended on 12th July as she had started a part-time job.
This creates an overpayment of £100 for the period 15th July to 28th July.
However, as Mrs Smith's Income Support has stopped because she has started part time work she is still entitled to Housing Benefit of £30 per week for the period of the overpayment. The overpayment is therefore reduced by £60, 2 weeks at £30 per week. A revised overpayment of £40 is recoverable from Mrs Smith.
If Mrs Smith had ceased to be entitled to Income Support because, for example, her savings were now more than £16,000 she would no longer be entitled to Housing Benefit and therefore the overpayment of £100 would be recoverable.
If you think you may be entitled to Underlying Entitlement you should contact the Benefits Section as you will need to provide proof of your income and savings and may need to complete a new benefit application form.
What can I do if I disagree with the overpayment?
The first thing to do when you receive your overpayment letter is to read it carefully.
If you still disagree with the overpayment after reading the letter you can do the following:
- If you do not understand the overpayment you can telephone, write or visit the offices where a Benefits Officer will be able to help you
- You can ask us to look at the decision again
- You can appeal against the decision
In all of the above cases you must contact us within one calendar month from the date of your overpayment letter.
If you want us to look at your claim again or you want to appeal you must make you request in writing.
How is an overpayment recovered?
- If you are still receiving Housing Benefit we may reduce this each week by the amount shown on your letter. Your landlord may ask you to make up any difference if we pay your landlord direct. If you feel that the amount we are reducing your Housing Benefit by is causing you hardship you can write and ask us to change it.
- If you stop receiving Housing Benefit we will send you a bill for the amount you owe. If you are unable to repay this in full we may be able to arrange for you to pay by installments. Please see below for ways you can pay.
- If you have been overpaid Council Tax Benefit we will send you a new Council Tax bill which will include the overpayment of benefit and will advise you of your new installments.
Some things you should remember
If you are starting work don't forget to let us know - if we know before you start work, there is less chance of an overpayment.
If you are moving home your overpayment will not be cancelled. We will recover from you at your new address.
Ways to pay
- Via the internet (E-Payments System)
- Via a touch-tone telephone system. Telephone 0845 602 4438 and have your invoice number and debit card handy. (We do not accept credit cards)
- By posting a cheque. Write your invoice number on the reverse of your cheque and post (with your invoice AND a stamped address envelope if you require a receipt) to Winchester City Council, City Offices, Colebrook Street, Winchester, Hants, SO23 9LJ. Cheques should be made payable to Winchester City Council
- By Debit card. Please telephone 01962 840 222 and ask for the Debtors Section
- In person. By cash, cheque or debit card at the cash office, City Offices, Colebrook Street, Winchester. Open 8.45am to 4.00pm Monday to Friday. Please bring your invoice with you.
- By Standing Order. Please telephone 01962 840 222 and ask for the Debtors Section. They will send you a mandate which you can complete and give to your bank.
- By Postal Order
Please note we do not accept Credit Card payments.
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