My client started work in December 2002/full time. She had two children in full time education and one who did not study or work.
She applied for HB and was awarded benefit.
In December 2004 the benefit services told her that they had overpaid her by nearly £4000.

There is evidence that she produced her employment details, everything at the time of application in 2002/2003. I can only presume that the child tax credit and tax credit were assessed later which has caused this problem.

I am now writing to find out if anyone has had a problem like this and if so, is there a challenge/argument. It is causing a lot of problem for families who though they had come out of the unemployment rot, as most are being advised of this overpayment one or two years after they have started work and after recieving benefit.

Any opinion/suggestions or advice greately appreciated.

Based on the limited info given, it's difficult to offer objective advice other than to start at the beginning.

Assuming your client is still within time to appeal, my advice is two fold:

1) Appeal (MUST be signed by the clmt), stating that grounds will follow to support the appeal

2) Request a FULL written explanation asking:

- Why is there an overpayment?
- Who knew what & when?
- What documents were in whose possession & when?
- (if applicable), why did the LA delay at <whatever point in time>?
- The basis on which the LA believe the o/p is recoverable

Hope this helps.

Regards
Kevin D