Hi,

I seem to recall some time ago reading in a posting about the recoverability of Housing and Council Tax overpayments which had come about because the claimant had been unaware of the occupational pension of her husband because they kept their finances seperate.

Of course I now can't find it and it might be useful to me. Does anyone have any ideas where I might find this or am I just making this up?

Happy Easter everyone.

Mairi

The difficulty is that, under HB/CTB legislation, all overpayments are recovered unless caused by "official error" and where the clmt didn't contribute to the cause and where the clmt could not reasonably be expected to realise etc.

In short, if there has been no official error, the overpayment is recoverable even if your client had no knowledge whatsoever of his partner's financial circumstances. This precise point was considered, amongst many other issues, in CH/3160/2007 (para 77).

Thanks Kevin - it was worth a fish.

Mairi