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Top Housing Benefit & Council Tax Benefit topic #6477

Subject: "underlying entitlement and overpayments" First topic | Last topic
johnny
                              

money adviser, keynote housing association, birmingham
Member since
23rd Jun 2005

underlying entitlement and overpayments
Tue 22-Apr-08 03:01 PM

is there a specific time limit to how far back we can ask a council to calculate a claimant's underlying entitlement to a period where there was an overpayment?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: underlying entitlement and overpayments
Wed 23-Apr-08 06:05 AM

Some argue there is no time limit. I disagree (with one exception).

When the o/p decision is made, it should incorporate ULE. If the LA asked for info at the time and it was simply not provided, the LA was within its rights to make a decision. The normal time limits then apply for requesting a revision and/or appealing.

The exception would be if the LA didn't give the clmt an opportunity to provide info for ULE when making their decision.

Caution: Paul Stagg has offered a view (STRICTLY informally) that there is a technical argument that ULE can be applied at any time due to the status of decisions involving overpayments. The DWP are changing the law relating to that point. Off hand, I can't locate Paul's arguments - sorry.

  

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Top Housing Benefit & Council Tax Benefit topic #6477First topic | Last topic