Charter and Code of Practice for the Collection of Housing Benefit Overpayments

Charter for the collection of Overpayments

This Charter, with the Council's Housing Benefit Overpayment Recovery Strategy, sets out our commitment to collect Housing Benefit overpayments fairly and efficiently.

We will:

• give clear and prompt information about Housing Benefit overpayments
• provide flexible and convenient methods of payment
• inform you of any possible entitlement to benefits or discounts
• encourage you to contact us quickly if you have difficulty paying overpayments, and when appropriate, tell you where you can get independent advice
• agree realistic repayments to collect unpaid overpayments within a reasonable time, without the need for more serious recovery action
• treat you with courtesy and sympathy and in absolute confidence
• use court action in certain circumstances if collection procedures fail
• give you the opportunity to comment on our service through the Council's Complaints Procedure.

Code of practice for the collection of Overpayments

1. We will give clear and prompt information about Housing Benefit overpayments

 The invoice will show:

• what it is for and the amount due
• who owes the money
• how to make the payment
• how to contact us

2. We will provide flexible and convenient methods of payment

The easier an invoice is to pay, the more likely it is you will pay it. We will include details of payment methods with each invoice. There will be options for:

• How you pay
  We aim to make payment as convenient as possible by fitting in with your personal budgeting arrangements and helping you to avoid travelling solely to pay bills

3. We will inform you of any possible entitlement to benefits or discounts.

We will write to you if you build up any arrears in repaying Housing Benefit overpayments. We will tell you about the availability of benefits such as Family Credit, Income Support and Job Seeker's Allowance.
We will display publicity and stock claim forms for a variety of benefits at the Local Housing Offices. We will also tell you where you can get further advice. If it is reasonably likely you are due any housing benefit, we will suspend court action pending a decision. If the benefit clears the debt completely, we will stop court action and may set aside any charges.

4. We will encourage you to contact us quickly if you have difficulty paying your overpayment, and when appropriate, tell you where to get independent advice.

The best way to prevent debts building up is for you to contact us as soon as you have any difficulties. We want to discuss the situation and arrange a repayment plan, rather than get full payment immediately. For example, we will ask you to explain why you missed payments and we will look for ways to prevent further arrears.

We will:

• check to see if you are claiming all the benefits you may be entitled to
•  negotiate a realistic repayment plan
• if appropriate, advise you to contact an independent advice agency

5. We will agree realistic repayments to collect unpaid overpayments within a reasonable time, without the need for more serious recovery action.

In some cases we will negotiate a realistic level of repayment over a longer period of time (say by small regular payments).
We will encourage you to seek independent advice if you have multiple debt problems.

In setting repayment amounts, we will consider:

• Recommendations from recognised advice agencies
• Any information you give us on the total debts you owe, not just the money you owe us
• Your commitments to your dependants

6. We will treat you with courtesy, sympathy and in absolute confidence

We will be sensitive to your individual circumstances. If you owe money to other creditors, we recognise you are likely to be under stress.
We will collect overpayments courteously, sympathetically and efficiently. We will treat any information you give us as confidential.
Staff collecting Housing Benefit overpayments will follow clear written procedures.
We will try to use plain English when we speak and write to you. We will help you with communication difficulties including illiteracy, blindness, deafness, hearing difficulties or where English is not your first language.
We will work in partnership with recognised advice agencies, while acknowledging their independence.

7. We will use court action in certain circumstances, if collection procedures fail

If we have followed our procedures and you still owe us money, we may pursue the overpayment through the courts. This might mean you incur additional debts for court costs.

 8. You can comment on our service

We will follow the Council's Complaints Procedure. We display leaflets on the procedure at the relevant Offices or we can send you further information on request

Further Information and advice

Housing Benefit Overpayments Financial Statement - 15Kb

Overpayments Contact Request Form

Derby City Council
Housing Benefit Overpayment Team
The Council House,
Derby
Telephone: 01332 255131
Fax: 01332 256246
Email:  hboverpayments.enquiries@derby.gov.uk