Housing benefit back payment

milky9306

Hi all, hope your all well.

I am looking for advice please on what seems to be a complex situation.

I started renting my flat and because i'm under 35 i wasn't entitled to the full housing benefit. This went on for several months while i paid the top up.

I was struggling abit, so i applied for DHP and my local council granted this.

During this process of nearly my first year in the flat i applied and was awarded high rate PIP on both. This entilted me to be awarded my full rent covered. Which was a suprise for me and i was very grateful for.

It took awhile for everything to update and for my council to stop paying DHP my local council overpaid my DHP of the amount £190.40. All these payments went directly to my landlords estate agent. I recieved an email from my council saying they had sent an invoice to my estate agent and if i could ask them to pay this back too as it was an overpayment of rent.

Now leading up to this day, my landlord has decided he wants to change estate agent and i recieved an annual statement from my current estate agent. Which in the transactions i noticed a considerable amount of money apparently owed to me.

I have sent several emails back and fourth asking about this and also asking if they have paid the council back yet. After some digging and going through the statement and then going through my payment history on Universal credit i had noticed alot of my statements had been updated and it showed me a before and after, the only difference i can see was now the full rent was paid in previous months when i had to pay the top up.

I sent another email to the estate agent saying i can see why the extra money has been sent over, they actually told me they sent me that statement in error, i wouldn't of even known about that overpayment if they didn't show me that statement.

I have now been having a good back and fourth with them and they told me they're holding onto the monies and that if the "council" paid that money the overpayment should go paid to them.

I have tried explaining DHP and housing benefit are two different things and have even showed them the letter i recieved from my council saying they sent an invoice for the £190.

I said why would housing benefit pay that money to you for you to just send them it back? It doesn't make sense. Maybe i am wrong, and maybe i'm not entitled to the top up payments i made while awaiting a PIP decision back. It's just all confusing and having to change over to a new estate agent too. I don't deal with these situations well at all.

So sorry for the long post, i just had to explain the whole situation first.

Thank you.

poppy123456

As you’re claiming UC you will only be claiming housing benefit if you’re living in either supported or temporary housing. Otherwise rent would be paid with UC known as housing element. They are 2 completely different benefits.

As you had a DHP to cover the shortfall of rent, which was paid to your landlord, from your local Authority then you maybe asked to repay that back. I’m not 100% certain how this would actually work.

For this reason I’d advise you to get some expert advice from an agency near you. This link will help you find what’s local to you. https://advicelocal.uk/welfare-benefits

milky9306

Hi Poppy,

Yes, sorry your correct the housing element of it.

My council have confirmed they have invoice the estate agent and it wouldn't be me who has to pay it back luckily. I think the estate agents are just confused with it all as they recieved some rent via the housing element top up from me and then the DHP payments. But with me begin awarded PIP and it looks like it's been backdated the housing element have further sent them more payments on the months where i paid the top up if that makes sense? So they in theory recieved double the top up amounts.

Thank you for the link, i'll look into that today