I have a client who is a student with a dependent child and a partner who works. She made a claim in her name last year and has been receiving some HB. The claim has now been cancelled and an overpayment created because her husband should have made the claim for them. She has been advised to put in a new claim. Is this right and which HB reg covers this?

Reg 56 applies.

Basically the LA should have noticed at the time of application, and advised that the non-student apply and therefore be classed as the claimant.

the overpayment that has now been created should be offset once they put the new claim on and it should go back to the start of the original claim.

There is no question of backdating being needed. Ward zeb and lister has a table that refers to exactly this scenario.

I'm curious. On what (legal) basis can a new claim from the person previously the partner simply replace an earlier claim by someone else? Er, it can't. So, backdating WILL be an issue; albeit a pretty academic exercise in the circumstances.

Also, although common-sense may dictate otherwise, I'm not entirely clear as to how an overpayment can simply be transferred wholesale....

I would also question whether it is a recoverable overpayment, surely it is an official error to make the award and how would the claimant known they were being overpaid?

So is backdating an issue?

Oh I really must think more about the regs and less about common sense etc

Um I just thought the LA could revise their decision, but of course they can't as they have not made a decison yet on the claim from the correct person. but they should have given the claimant the correct advice at the time.

The overpayment is an LA error and the claimant could not have known they were being overpaid - but can't really pay them again for the same period so write it off and start the claim from the paid to point of the old one.

Yes hadn't really thought that through either.

thanks everyone who responded to this - it has been really useful and has helped me to clarify my own thoughts on this