Council Tax Benefit Overpayments
How we provide this service
If your circumstances change you may have been awarded too much council tax benefit. This is known as excess council tax benefit.
An example would be if a claimant failed to tell the Council that their income had increased, and a recalculation of their entitlement meant that they had been paid too much Benefit
A fraudulent overpayment may occur when a person has deliberately provided a false statement or document, or has deliberately failed to report a change of circumstances with the intention of obtaining or retaining Benefit.
Information on excess council tax benefit is supported by Finance, Benefits and Revenues.
You must tell us straight away about any change(s) in your circumstance(s). You can do this by completing a changes and corrections form. To download a change in circumstance form click on changes of corrections link. Download a Changes and Corrections leaflet
If you have been overpaid council tax benefit, we will notify you about the overpayment within 14 days of the decision (or as reasonably practical). The letter will tell you the period of the overpayment, the reason, the amount and give you your appeal rights.
Underlying Entitlement
In some cases we may be able to reduce the amount of the overpayment if you provide us with details of your circumstances for the period of the overpayment. This is called underlying entitlement. We will write to you if this applies. If you do not provide the details we ask for within 28 days you must pay back the full amount of the overpayment.
Paying back excess council tax benefit
We will add your excess council tax benefit to your council tax account. You will receive a revised council tax bill telling you your new instalments.
Fax: 01775 711253
Email: benefits@sholland.gov.uk
Address: South Holland District Council, Benefit and Revenues Team, PO Box 8, Priory Road, Spalding, Lincs. PE11 2XQ
How long will the whole process take?
We will send you notification of the overpayment within 14 days (or as reasonably practical) of the decision being made.
Contact Name for this service
Joanne Gregory, Overpayments Officer
Telephone number for this service
01775 761161
Links to forms, leaflets and websites providing more information
Download a Changes and Corrections form.
Please refer to the Council Tax Benefit Appeals A-Z page
Common Questions
Q. What causes an overpayment?
A. A change in your circumstances may reduce your benefit. This could be for a number of reasons, for example:
- any change in your earnings
- any change in savings
- any change in pension, annuity or superannuation
- anyone who goes into hospital for a long period of time
- a change or room numbers or address
- a child who leaves school
- anyone who moves into your home, other than for a holiday
- anyone who no longer lives in your home
This list does not cover all changes that may affect your benefit. If you are not sure whether a change in circumstances will affect our benefit you must contact the benefit section for advice.
Q. How can I avoid being overpaid?
A. You must tell us straight away about any change in your circumstances. This includes any change in your income, capital or household.
Q. What if the overpayment was due to a mistake made by the council?
A. If the council make a mistake (for example we use the wrong income in the benefit calculation), we can still ask you to pay back any excess council tax benefit to us.
The only exception to this is if at the time of notification, you could not reasonably have known that a mistake had been made. We do not have to prove that you did know, only that you could have known.
Q. What do I do if I think the overpayment is wrong?
A. Firstly, check the income and reason used for the period of the overpayment are correct. You can find these on the decision letters.
After checking the details, if you still think the decision is wrong you have one month from the date of the decision letter to dispute it. For more information please refer to benefit appeals
Q. Can I appeal against the decision to recover the overpayment?
A. You have a right of appeal against:
- whether the overpayment is in fact recoverable.
- whom the overpayment is to be recovered from.
You have one month from the date of the decision letter to dispute the above decisions. Please refer to benefit appeals.
However, you do not have a right of appeal against:
- whether the overpayment should be recovered
- the recovery rate
- the method of recovery
Q. What can I do if I cannot afford to pay back excess council tax benefit?
A. Excess council tax benefit is added to your council tax account. Therefore, if you cannot afford to pay your revised monthly instalments, the council tax recovery process will start. For more information on the council tax recovery process, please refer to
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Contact Details
If you have any queries about the information provided above, or require further information, please contact Customer Services on 01775 761161 or email info@sholland.gov.uk.
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