Cancelling dhps made prior to 1996 loophole payments

Hi - just a quickie.  Is it permissible to cancel dhp awards made prior to 1996 loophole payments?  I understood that there were only limited circumstances that this was allowed (fraud and error)

Many thanks

Andrea

As far as I know cannot be cancelled.  DHPs can be recovered by pursuing by invoice (as opposed to taking an overpayment off ongoing benefits which can be done with normal HB overpayments).  This tortuous route has not as far as I know been used.  However, my experience in Liverpool is in these circs a new DHP will not be granted until the apparent credit from having had both a DHP and a backdated payment of HB is considered to be ” used up”.  Ruth

Thanks Ruth
What has effectivley happened is that they have issued a cancellation of dhp notice rather than confirm that (late) request for review under 1996 provisions has been paid - confusing for our tenant to say the least! I’ve used a template letter from HBnotes to challenge decsion.

Andrea

The Council can review and cancel a DHP under 8(1) “as it thinks fit”.

However recovery can only occur where there has been ;
A misrepresentation or failure to disclose a material fact
or
An error has been made when determining the application for payment.

The question is whether, when deciding to award a DHP, the decision maker made an error. That error being the assumption that the applicant was subject to the bedroom tax.

I suspect not, as the applicant was probably being subject to the bedroom tax when the decision was made, all be it incorrectly. However that point is at least arguable.

Jeff

The structure of decision making is such that awarding a DHP in such circumstances could not be an error.

It is a requirement for an award of a DHP that the person is entitled to HB.  The HB must therefore be determined before a DHP can be considered.

Once a decision on an HB award is made that decision is final unless and until the decision is revised or superseded.

A DHP that is awarded at a time there was an HB award which included a deduction for the bedroom tax, and before the HB was revised on account of the pre 1996 rules could not have been made in error.  The error was in the determination of the HB award, not the DHP