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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mum has received quite a large sum of money from the

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My mum has received quite a large sum of money from the sale of her property but failed to inform the local council who have paid her full rent for the past 3 months. I have spoken to her about it and she wants to inform them but i am worried about what action they will take. Will they take legal action and if so how bad could it get. She is suffering from severe depression and anxiety and barely gets through her day with hardly any awareness of responsibilities
Hello my name is ***** ***** I will help you.How much has been overpaid, ie the 3 months rent please?Alex
Customer: replied 2 years ago.
It amounts to £4000
Ok - its not too much. Given the value and the admission, they may just ask for repayment.Otherwise at most it should be just a caution and maybe an administrative penalty, ie 1/3rd of the amount.Can I clarify anything for you about this today please?Alex
Customer: replied 2 years ago.
my mum is hoping to be housed by the council and has been in a b&b the 3 months i am referring to for which housing benefit was paid. This means when they assessed her she denied having any money. Will they not take legal action against her? I am afraid of them dragging her through the courts. As i say she is an elderly who is sufferring from mental health and feels no sense of security except from that money. Im worried about the fact that she denied receiving money at the time of the assessment
Customer: replied 2 years ago.
Also could they use that as an excuse not to house her?
Generally they take action if the sum is £5,000 or over. This is below that threshold and given she would offer to pay it back.They will probably need to reassess her, but if she admits and co-operates I would hope they wouldnt take it to Court.They cant use it is an excuse no.Does that clarify?Alex
Customer: replied 2 years ago.
I was with her when they assessed her as an advocate but she told me not to say and so i didnt. Does that mean i may be implicated in this situation? Did i have a responsibility to tell them despite my mums wishes for me not to
If you knew and didnt disclose it you could be implicated but unlikely. If she just owns up they will reassess etc and likely just to impose a penalty without going to Court.Does that help?
Customer: replied 2 years ago.
What could the penalty be? How much?
1/3rd of any overpayment.
Customer: replied 2 years ago.
Ok thank you Alex. You have eased my worries. If i have further questions regarding this matter would i be able to send a message here? Last thing i can think of to ask for now is does the amount she received make any difference? She received a couple hundred short of £60,000
Yes of course. You need to check with the Council re implications in reassessment etc.I know for benefits etc £16k savings is the maximumGood luck with this.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help:
Customer: replied 2 years ago.
what could be the worst case scenario in thid situation?
She may have to pay for it.........
Customer: replied 2 years ago.
Ok that truly is a relief. You have been very helpful. Thank you
No problem - please do remember to rate before you go so the site credits me for the time spent with you today. Thanks
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