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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3980
Experience:  Solicitor
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Help I have received overpayment on my pension housing and

Customer Question

Help I have received overpayment on my pension housing and council tax benefits not deliberately but by my stupidity,I have an appointment for a review of these obviously I will explain what I've done but I am terrified they will charge me with fraud and have to appear in court.if I pay back everything immediately would this prevent a charge and court appearance any advice please?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

What is the value of the overpayment please?

Customer: replied 10 months ago.
Possibly between £6ooo-£7000 I could pay this back immediately
Customer: replied 10 months ago.
I
Expert:  Jamie-Law replied 10 months ago.

Did you fail to declare a change in circumstances?

Customer: replied 10 months ago.
immediately I received an inheritance, I was told that I was in an asessed income period and I was sent a letter stating that, and would be informed at the end of that period. I admit I have a very bad habit of letting unopened mail pile up, I very rarely open bank statements for instance but to my knowledge cannot remember receiving this letter however I have searched high and low in case I had put it to one side.lesson learnt!
Expert:  Jamie-Law replied 10 months ago.

Have you told them about the overpayment or did they contact you first?

Customer: replied 10 months ago.
They haven't said anything about an overpayment just sent me an appointment to review my benifits to see if I am receiving the right amount. This appointment is tomorrow
Expert:  Jamie-Law replied 10 months ago.

Ok - so you dont know that they know?

Customer: replied 10 months ago.
Sorry what I meant to say was that I did declare and apparently I didn't have to at that time,and no I don't know if they do or not but I can't attend the appointment and not be truthful
Expert:  Jamie-Law replied 10 months ago.

So you did declare the inheritance ?

Customer: replied 10 months ago.
I did,it was after I lost my mother and I had a really hard time trying to come to terms with it so I put the majority of it in an account and just left it there it didn't feel right spending it
Customer: replied 10 months ago.
I realise that that the onus is on me but it wasn't done deliberately just me being stupid and neglectful,they probably won't see it like that though
Customer: replied 10 months ago.
I forgot to say i am a 71years of age
Expert:  Jamie-Law replied 10 months ago.

But you declared it to the Council?

Customer: replied 10 months ago.
When I received it I declared it to pensions and my local council
Expert:  Jamie-Law replied 10 months ago.

Ok - then that is fine. If you declared it you have nothing to worry about.

If it turns out they have overpaid you, then any benefit overpayment may have to be paid back, but you wont be prosecuted.

That is because you can only be prosecuted for failing to declare a change. You did - so you would not be prosecuted.

Therefore you do not need to worry - you declare it and as such cant be prosecuted.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Would it help if before my appointment I phone the council and have a conversation with them regarding refunding overpayments?
Expert:  Jamie-Law replied 10 months ago.

No, I think you can do that at the meeting.

Does that clarify?

Customer: replied 10 months ago.
it does thankyou for your help,I don't feel so panic stricken now.
Expert:  Jamie-Law replied 10 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thankyou for your help it seems all has been sorted!,apparently if you are in a assessed income period any money you may come into doesn't count,only when you are reassessed will they take this into account and Friday was the first assessment I've had to attend.further to that yesterday I found among my paperwork a letter informing me that I was due a check on my finances etc but not to contact them as they would either write or telephone me they did neither if so I think that if they do query anything further I can produce this letter.thankyou again your advice was a big help.
Expert:  Jamie-Law replied 10 months ago.

Great news!