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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im really annoyed. Not only do the tax office say i have been

Resolved Question:

I'm really annoyed. Not only do the tax office say i have been overpaid on tax credits now my council are saying they overpaid me on housing benefit. I am appealing on both, but the thing is for me to apply for underlying entitlement they want me to provide income and capital which I guess means bank statements but I receive two lots of inheritance which I didnt declare because it didn't last very long in my bank so don't have it any more but am worried that they will still stop my benefits because I didn't declare it in the first place. Can they do this? I hate it when you send them information of change of circumstances then all of a sudden they haven't received this and then say you owe them back several hundred pounds! Can they get away with this. I'm a single mum working full time.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Why did you not declare it? How much was it please?

Customer :

£30K. Didnt realise. Besides I don't have it anymore.

Alex Watts :

Its bad news.

Alex Watts :

If you failed to declare it and it was over £16,000 (which it was) then you have been overpaid.

Alex Watts :

You should have declared it and when you sign the form it states you will declare any change.

Alex Watts :

Therefore for the period in question you may well have been overpaid.

Alex Watts :

Even if you do not have it any more the Council and DWP could consider you have intentionally dispose do it.

Alex Watts :

Therefore I do think there will be an overpayment

Alex Watts :

This is because you had more than £16,000 which is your legal limit

Customer :

WHAT FORM?

Alex Watts :

I am sorry if his is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

What do you mean what form?

Customer :

do i have to claim for underlying entitlement just appeal instead?

Alex Watts :

You should appeal if you think the decision is wrong

Customer :

You said I should have declared it and when you sign the form it states you will declare any change. What form do you mean please?

Customer :

I didn't intentionally dispose of it, I didn't know.

Alex Watts :

When you sign up for Council Tax and Tax Credits, it says you must declare any chances.

Alex Watts :

@ changes @

Alex Watts :

You had £30k, you did not declare iot

Alex Watts :

You should have

Alex Watts :

Therefore you will have been overpaid.

Customer :

great ok.

Alex Watts :

I am sorry

Alex Watts :

Can I clarify anything else?

Customer :

So if I just appeal what are my chances?

Alex Watts :

Quite low if you accept you had £30k and did not declare it

Customer :

but if I just appeal I do not need to give details of any income or capital do I?

Alex Watts :

Yes you will

Customer :

why's that?

Alex Watts :

You need to say why the decision was wrong

Alex Watts :

Because you are appealing the decision. You must show, on balance the decision was wrong

Alex Watts :

It is not for the DWP/Council to prove otherwise

Customer :

but i thought i only needed to say about change in wages, childcare amounts and rental.

Alex Watts :

No - the form does not say that

Alex Watts :

It says ANY change in circumstances

Alex Watts :

Whether or not you thought it was right is not relevant to the decision.

Alex Watts :

You had £30k, you did not declare it

Alex Watts :

Therefore you were overpaid

Customer :

so how much will I owe them then?

Alex Watts :

I dont know - they will have provided a calculation

Customer :

but that's the original form about claiming that i would need to tell them that. afterwards i didnt give it a thought when i received it. the only changes i tell them about afterwards was what i put above.

Alex Watts :

That makes no difference.

Customer :

it could be thousands!

Alex Watts :

You have been overpaid

Alex Watts :

No matter what you say you can not get away from the fact you should have declared it and for whatever reason you did not.

Alex Watts :

The botXXXXX XXXXXne is you have been overpaid.

Alex Watts :

I am sorry

Customer :

i could lose my daughter.

Customer :

i'll have nothing to provide her with. i could owe lots.

Alex Watts :

They are likely to accept repayment by small installments.

Alex Watts :

Can I clarify anything?

Customer :

No thanks I think i feel sick now.

Alex Watts :

I am sorry it is not better news but I have a duty to be honest.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer :



Can I clarify anything?






Customer says:

4:33 PM



No thanks I think i feel sick now.






Alex Watts says:

4:30 PM



I am sorry it is not better news but I have a duty to be honest.






4:30 PM



If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/




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