Housing benefit overpayments

About your overpayment

All overpaid benefit you are informed of is recoverable unless we tell you otherwise. If we decide that an overpayment is not recoverable you will be advised of this in writing. We may decide not to recover an overpayment if it was caused by our error. However, if you could have reasonably known that you were being overpaid we may still seek to recover the debt from you. An overpayment will be recovered from either you or the person we sent your benefit award to, for example, private landlord.

When an overpayment is created we will confirm it in writing and tell you and any other person affected, for example, your landlord the reason the overpayment was created, the period it is for and whether we aim to recover the debt. This notice will also confirm who we aim to recover the debt from. There are several ways of recovering overpayments, these include:

• from ongoing benefit entitlement
• deductions from other social security benefits
• by payments which you would make to an invoice

There are standard rates of recovery that normally apply to deductions from benefit, however these will be reviewed if a person who is being asked to repay the debt can provide proof that the continued repayment at the rate suggested would result in undue financial hardship.

Difficulty repaying your overpayment

If you think you are having difficulty in keeping up with the repayments you have been asked to make please contact us. If you are not happy with the overpayment itself and want to appeal against its recovery because you do not think it is correct you can make an appeal in writing within one calendar month of the date the letter was sent advising you of the debt.

What happens if I don't pay?

We may refer the debt to a Collection Agent who will visit you to discuss payment. We may apply for a County Court Judgement which would lead to further costs being added to your account and your credit rating being affected.