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Housing benefit overpayments

An overpayment is caused when you have been paid more Housing Benefit than you are entitled to. We have a policy (PDF 92Kb) for the recovery of overpayments.

Overpayments usually happen when you do not tell us about changes in your circumstances as soon as they happen, for example:

  • An increase in wages or any other income
  • If someone moves into or out of your home
  • If you change address

You must tell us straight away if your circumstances change.

Please do not rely on the JobCentre Plus, The Pension Service or your landlord to tell us about any changes.

How will I know if I have got an overpayment?

When there is an overpayment, we will write to you about it. If you are no longer entitled to Housing Benefit we will also send you an invoice for repayment of the money.

If you are unhappy with the decision we have made or if you want us to explain it you should contact us straight away.

The Council will take action to recover the overpaid money.

How can the Council recover overpaid housing benefit from?

We can recover the overpayment from:

  • The person who made the claim (and in some circumstances their partner).
  • Someone acting on behalf of the applicant e.g. an appointee or someone with power of attorney.
  • The person who has been paid the benefit e.g. a landlord or agent.

How will the Council recover the overpayment?

We can use a number of methods to recover the overpayment:
  • Deductions from any ongoing award of Housing Benefit.
  • Reducing amounts paid to a landlord or agent.
  • Deductions from any Housing Benefit owed to you for a past period.
  • Deductions from certain Social Security Benefits.
  • Recovery from a deceased person's estate.
  • If an overpayment is for Council Tax then we will normally add the amount onto your Council Tax bill.

How Can I Make Payments?

Although the Council has a duty to recover overpayments, you should contact us at once if you are having difficulty repaying the debt. The direct line to the Benefit Overpayment team is 01294-324058.

We will try to help and advise in any way we can. We can offer the following payment methods in order to help you make your repayments:

By Post

Cheques and Postal Orders should be made payable to "North Ayrshire Council" and crossed. Please write your name, address and invoice number on the back of the cheque. Payments should be posted to – Chief Financial Officer, Cunninghame House, Irvine, P.O Box 8254, KA12 8DA.

Over the Telephone

  • We operate a 24 hour, 7 day a week payment facility by debit or credit card through our Interactive Voice Response system (IVR).
  • This is a completely free and convenient way to pay your Invoice.
  • Card types accepted are Visa, Mastercard, Switch, Solo and Visa Delta.
  • Please phone 0845-603-0592 to make a payment. Please have your Invoice number and your card details ready when you phone; or

By Internet Payments

  • We operate a secure Pay for it service This is a completely free and convenient way to pay your Invoice.
  • Card types accepted are Visa, Mastercard, Switch, Solo and Visa Delta.
  • Please have your Invoice number and your card details ready when you access this service.

In Person

Payment can also be made at The Municipal Bank, Cunninghame House, Irvine, or at any local Council Office. Please have your invoice number to hand when making payment.

What should I do if I cannot afford the repayments?

If you cannot afford to settle the invoice in one payment, please contact the Overpayment Team on 01294-324058 immediately. We will be happy to take your call and discuss the options available.

What happens if I do not pay?

If you have been notified of an overpayment or you have received a reminder, you should make arrangements to pay straight away.

You can get further help from the Debt Advice/A> Service at North Ayrshire Council

If you ignore requests for payment, the Council can refer your case to the Sheriff Officer. This could increase the debt because of added costs and may affect your credit rating. If you need to talk to us about making a payment, please contact us on the number shown above.

What happens if I am paid too much benefit?
If you are overpaid benefit you will normally have to repay it. We will write and tell you what your correct benefit is and how much the overpayment is. We will either ask you to repay the amount in full, or we can deduct the overpayment from any benefit you receive from us. If you have difficulty making payment in full we may be able to arrange for you to pay by instalments.