A benefit overpayment is when a benefit you are claiming is paid to you at a higher rate or longer than you are entitled to receive it. The benefit agency, in most cases, will expect you to pay the overpayment back.

If you are still claiming the benefit, an amount of money is taken out of each payment you receive. This is usually a small amount over a long period.

If you are no longer claiming the benefit you usually pay back the overpayment in instalments. You must work out how much you can reasonably afford and tell the benefit agency. Always stick to your agreement.

You can ask to reduce your payment if your situation changes.

If you do not pay back an overpayment, the benefit agency may take court action. If you do not pay back council tax benefit the council will usually add the overpayment to your overall council tax and send you a revised bill. For more information see the council tax debt FAQs.

The Direct Gov website can give you more advice on your rights.

If you are having problems paying your benefit overpayment back or any other debts we can help you. You can use our online debt counselling service, CCCS Debt Remedy, which will provide you with the most appropriate solution to your debt problem. Alternatively contact our free Helpline on 0800 138 1111.

A benefit overpayment can only be fraud if you deliberately give misleading information on an application form, or knowingly fail to give notice of a change in your situation.

Benefit fraud can be a serious criminal offence, and if think you have committed fraud, you should take advice as a matter of urgency from the Direct Gov website.

If you need to make a complaint about a benefit overpayment you should contact the Department of Work and Pensions (DWP), or, for a council tax and housing benefit overpayment, your local council.

There is a full explanation of their complaints process on their website.