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 will br right off overpayment. ?
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geishagirl
Starting Member



United Kingdom
4 Posts

Posted - 12 July 2010 :  22:25:51  Show Profile  Reply with Quote
Hi all, seriously considering going BK as Bham housing benefits have suddenly decided they have been overpaying me for over 3 years, even though i;ve given them all the correct information and it is their mistake they are almost halving my benefits and I am now unable to make ends meet.

Can anyone tell me if bk will write off this overpayment or will i continue to get housing benefit at a lower rate. Also have been advised to get tax crs and benefits payed into a family members bank before my account gets frozen, is it legal to do this???

This is the first of may questions keeping me awake at night. Not yet started the process but think its my only option.

Many thanks x

Bridgewood
Junior Member

United Kingdom
222 Posts

Posted - 13 July 2010 :  09:09:21  Show Profile  Visit Bridgewood's Homepage  Reply with Quote
Hi Geishagirl

There is rarely a straight answer to benefit overpayments as it depends on the individual circumstances.

Generally, with regard to housing benefit, as long as there was no fraud involved, the liability is a debt in your bankruptcy, but the local authority has the right to deduct monies from future benefits. However, my understanding is that they can only do this until you are discharged, and then the balance of the overpayment is written off and you are entitled to the full amount again.

I'm no expert on benefits but I'm not sure there is any restriction on which bank account you can have it paid into. However, if you open a CO-Op cashminder account you should be able to keep this after bankruptcy, and you should be able to have your benefits paid into it without any problem

Good Luck



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geishagirl
Starting Member



United Kingdom
4 Posts

Posted - 13 July 2010 :  16:46:21  Show Profile  Reply with Quote
Thanks for the really useful advice, may be giving you guys at bridgewood a ring sometime soon

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