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Housing benefit

Overpayment information

What is an overpayment?

An overpayment of Housing Benefit occurs when someone is paid benefit to which they are not entitled.

How an overpayment is caused:

Any change in a claimant’s circumstances can cause an overpayment; see below for common causes:

• Any increase in any income,
• Change of address,
• A partner moving in or out,
• Any other people moving in or out,
• Change in a non-dependant's income,
• Income no longer received that will affect the 'applicable amount' e.g. Disability Living Allowance,
• Undeclared income,
• Final Rent Officer decision,
• Change in rental liability,
• Dependant child becoming a non-dependant.

How you will be notified of an overpayment

You will receive a notification letter and invoice, explaining:

• What caused the overpayment,
• The dates and amount of the overpayment,
• What to do if you disagree with the overpayment.

After receiving the Housing Benefit/Council Tax Benefit notification, all claimants or landlords are entitled to an explanation of the overpayment.

If Council Tax Benefit has been overpaid, a new Council Tax bill will be sent, which will include the amount that has been overpaid.

What to do if you disagree about an overpayment

The first thing to do when you receive your overpayment letter is to read it carefully. It will contain details which will explain what the overpayment is for and the dates you have been overpaid.

If you still disagree with the overpayment after reading the explanation you can do the following:

• Contact the Benefits Assessment Unit at the Northgate Entrance, Princess Buildings, Northgate, Halifax, HX1 1TP.
• You can appeal against the overpayment. You must do this in writing and within one calendar month of the date of the letter. 

You need to provide:

• details of which decision you are appealing against,
• your reasons for appealing,
• details of your reasons, supported with evidence.

In your appeal only include matters relevant to the payment of Housing Benefit, not other non-related issues.

Who we will recover the overpayment from

Overpayments can be recovered from the person who failed to disclose or misrepresented a material fact. This will usually be the claimant, their appointee, agent or landlord if rent is paid direct.

How we will recover the overpayment:

• Recovery from ongoing Housing Benefit entitlement . The tenant is responsible for paying any rent arrears that occur as a result of the reduced amount paid to the landlord.
• By the issue of an invoice for payment in full.
• Recovery from ongoing Housing Benefit entitlement from another local authority, if the person now lives elsewhere.
• Deductions from certain social security benefits.
• Outside debt recovery/bailiff companies.
• If recovery is sought from a landlord, we can recover an overpayment from any Housing Benefit they may be receiving in respect of other tenants. If a landlord habitually fails to repay overpayments that are recoverable from them, the Council can decide that the landlord is not a ‘fit and proper person’ under benefit regulations and can refuse to make direct benefit payments to that landlord.
• Court action, which would result in further costs and, for example, an attachment of earnings order.

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