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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71153
Experience:  Over 5 years in practice
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hi failed to report a change of benefits to the council I

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hi failed to report a change of benefits to the council I have an overpayment of £3k as went from income support to esa but am scared as I not told them had another benefit from and half year ago
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 3 years ago.

I claimed housing benefit and didn't notify the council of a change in circumstances i went from income support to esa they say i had an overpayment of£2855 which has to be payed back i am one parent and have mental health issues and am also on dla which i have not told them about as i didn't know i had too now im scared as i have been on dla for two and a half years

So what did you want to know about this please?
Customer: replied 3 years ago.

if i tell them about my dla will i owe them rent from 2 and a half years ago as well

I am sorry but it is likely that you would be asked to repay this.
They may well not prosecute for a variety of reasons. This isn't actually a particularly high overpayment apart from anything else.
However, they have the right to demand the money back I'm afraid.
There has been some caselaw that has suggested that a person can resist these claw backs but really only in the rarest of circumstances. You have to show that there was literally no way that you could have known that the council had made an error which is always hard and near impossible when you didn't report a change of circumstances.
They will give you time to pay.
I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.
Hope this helps. Please let me know if you need more information.
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