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Unexpected Housing Benefit Demand after migrating to Universal Credit

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3 days 1 hour ago #309765 by JK2019
I recently applied for Universal Credit after receiving the migration notice letter. I followed the guides on this website to complete my application. It's now been two weeks, and my claim is still in process.

I have received letters from ESA, Housing Benefit, and Council Tax stating that my claims have been closed.

However, I received another strange letter from the local authority demanding payment for Housing Benefit from my old address, dating back 8 years.

The letter doesn't explain how the amount was calculated, when the decision was made, or why they’re bringing this up after 8 years. It simply says "remove benefit cap."

I don’t recall any overpayment, and since it's been 8 years, I’m unsure why this is suddenly an issue. I have been claiming ESA and PIP throughout this time.

The letter looks like a bill, and they are expecting payment within 30 days.

The amount owed is around £650. What should I do? Has anyone had a similar experience?

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2 days 10 hours ago #309773 by David
Hi JK2019

It seems a bit naughty of the Council HB department to just send a computer print out as a demand for such a large sum without an explanation. I expect there was a change in household circumstances that affected the Benefit Cap 8 years ago.
The resurrection of historical debt is an ongoing theme at present as antiquated IT systems such as iWorld and Opstrat are updated and merged with new software.
This is particularly the case with Tax Credits where UC claimants are hit with deductions for an overpayment from 10 years ago or more with little explanation.

David

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2 days 6 hours ago #309782 by JK2019
Hi David,

Does it mean there's no way to challenge this demand and it will be deducted from my Universal credit when it starts?
There's no mention of right of reconsideration etc.

As far as I can remember, at the time I wasn’t receiving PIP, as my claim was still being processed, and the council had just introduced the benefit cap, which led to a reduction in my Housing Benefit. Since my PIP claim was pending, I applied for a Discretionary Housing Payment. This was approved, and shortly afterward, my PIP claim was successful, resulting in the removal of the benefit cap.

Therefore, I don’t believe there was any overpayment, contrary to what is being claimed. This all occurred around 8 years ago, and there has been no change in my circumstances since then.

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2 days 5 hours ago #309783 by David
Hi JK2019

You will need to find the date that your PIP claim was backdated to by phoning the PIP helpline.
Personal Independence Payment (PIP)
Telephone: 0800 121 4433
Textphone: 0800 121 4493
Relay UK (if you cannot hear or speak on the phone): 18001 then 0800 121 4433
British Sign Language (BSL) video relay service if you’re on a computer - find out how to use the service on mobile or tablet
Monday to Friday, 9am to 5pm

Hopefully your PIP award predates the introduction of your Benefit Cap.
There is information on how to challenge a Housing Benefit decision in the link below from Citizens Advice:-
www.citizensadvice.org.uk/benefits/help-...ng-benefit-decision/

Let me know how you get on

David

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2 days 1 hour ago #309788 by JK2019
Hi David,

I searched through my old letters and found the following:

In late 2016, while my PIP claim was pending, they applied the benefit cap to my ESA and Housing Benefit. As a result, I applied for Discretionary Housing Payment (DHP), which was granted for a short period (2 months). This is the exact amount they are now demanding back.

In early 2017, my PIP was approved, and the award was backdated to late 2016 (around the same time I applied for the DHP). I don’t believe I was paid anything extra, so this may be a calculation error.

Also, isn’t there a six-year limitation rule for recovering overpayments?

The letter they sent me is just an invoice, with no mention of the right to a mandatory reconsideration, review, or appeal.

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1 day 20 hours ago #309802 by latetrain
Hi JK2019

We would advise you to seek help from your local Welfare Rights Organisation: advicelocal.uk where they can take all your circumstances into consideration.

As for the Limitation Act it only applies in the fact they cannot take court action to recover the overpayment but they can collect the overpayment through your on going benefits.

As David pointed out in his post, you may be able to off-set the overpayment by asking for an any time review.
Benefit cap does not apply if you/family member was in receipt of a qualifying benefit such as PIP.

Gary

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