Housing Benefit Overpayments

How will I know if I have been overpaid?

We will write to you and let you know if you have been overpaid. In the letter we will give you full details of the overpayment including:

• the reason for the overpayment
• the period that the overpayment covers
• the total amount of the overpayment
• information about appeal rights
• who the overpayment is to be recovered from
• the method of recovery

If you are told you have been overpaid, please make sure you tell us what your circumstances were for the period of the overpayment.

How are overpayments recovered?

• if you are still getting Housing Benefit, we make deductions from your weekly entitlement to reduce your overpayment. There are standard rates of recovery depending on your circumstances
• for claimants in receipt of Income Support, Job Seekers Allowance or Income Related Employment and Support Allowance the recovery rate is £12.75 per week
• for claimants in receipt of Universal Credit (Universal Credit is the benefit that will be replacing Job Seekers Allowance, Income support, Employment and Support Allowance, Housing Benefit, Child Tax and Working Tax Credit) any overpayments incurred whilst receiving Housing Benefit will be passed over to the Department for Work and Pensions. The overpayment will be cleared through deductions from any Universal Credit payment
• for working claimants we can take a minimum deduction of £15.25 per week
• for fraud overpayments the minimum rate of recovery is £21.25 per week
• If you no longer get Housing Benefit we will send you an invoice for repayment. If you cannot afford to clear the overpayment in one lump sum you are invited to contact us to discuss repayment by instalments
• when coming to an arrangement to repay the overpayment with you, we will look at your household income and outgoings, other debts you are repaying or commitments you have.
• we may ask you to complete an income and expenditure form tell us about your circumstances

I am a landlord how do overpayments affect me?

If you are a Landlord that owes an overpayment and you receive Housing Benefit for any other tenants, we can recover your overpayment for one tenant from the Benefit payable in respect of another.

How can I repay my overpayment?

You can choose one of the following ways:

• Direct Debit - Direct Debit payments can be taken on the 1st 10th, 15th, 20th or 25th of each month. A direct debit can be set up over the phone by calling 01702 215241
• All Pay swipe card - you can use the All Pay swipe card to repay your overpayment at any shop displaying Pay point Logo or any Post Office
• online - use the online form link found on the overpayment web pages 'What happens if I get too much benefit' and 'How can I repay my overpayment'. Select the link for 'Housing Benefit Overpayment' and follow the instructions
• internet banking - to use home banking service with your bank you will need to quote our bank account number 20145904, our sort code 20-79-81 and your invoice number
• standing order
• bank giro - Using the form on your Invoice, free of charge at any Barclays Bank within the city
• telephone using a credit or debit card - Call 01702 215241 during normal office hours or 08702 406650, 24 Hours a day and use our automated system to make your repayment under the Housing Benefit repayment option number 6. NOTE: there will be a 1.5% surcharge on all credit card transactions
• post - cheque or postal orders only made payable to Southend-on-Sea City Council, please note your Invoice number with your payment
• direct from your earnings

What will happen if I do not make an arrangement to repay my overpayment?

• you will be contacted by telephone or visited by a member of the overpayments team
• your debt could be passed to an outside agency for them to collect the debt on our behalf
• we can apply to the Department of Work and Pensions to make deductions from certain State Benefits you may receive. From some Benefits we can deduct up to a third of your income to recover our overpayment
• we can ask your employer to give us a percentage of your wages through a Directs Earnings Attachment
• we are able to register your overpayment in the County Court. Once registered, we will hold an order to recover against you, which can be enforced by the Court. Enforcing the Judgement can mean you will be summoned to Court to examine your finances and to fix an appropriate instalment arrangement. Failure to comply with the Court order will result in the Court Bailiff being instructed under a warrant of execution
• if we register your overpayment in the County Court and then proceed to enforce the Order to recover, you will be liable for the extra costs incurred. These will be added to your original debt
• we can apply for an attachment of earnings which means we will recover this debt from your salary/wages
• we can also apply for a charging order on your property or a third party order to recover money from your bank or building society account
• failure to repay or make an arrangement to repay your Housing Benefit overpayment may result in CCJ's and this will affect your credit rating

I can't afford the repayments, what can I do?

If we are making deductions from your Housing Benefit and you feel the deduction is causing you extreme financial hardship, you can ask us to reconsider the level of deduction we are taking by completing an income and expenditure form.

Please Note before you complete the online Income and Expenditure Form you will need to read the Electronic Information document.

How do I contact the overpayment department?

You can contact the department by

Phoning 01702 215241 or emailing benefits@southend.gov.uk