My clients - a couple on Savings Credit element of Pension credit - have an overpayment of HB and CTB because the DWP did not provide the Council with the correct figures for 2008/2009. The council continued with the figures for the previous year. The decision letter says - "..the overpayments are recoverable from you as, although the DWP did not inform us of the changes to your Pension Credit entitlement and increased SRPs, the notifiications sent to you in April 2009 would have detailed the total of your income used to calculate your entitlement."

Is this right? If someone is on any PC, doesn't whatever the DWP says count as the truth as far as HB goes? I have known many people who have incorrectly high capital figures which the Council will not amend unless PC verify this.

Any pointers gratefully accepted. It is at recon stage at the Council.

First of all, the claimant had not duty to report the changes at the time because the duty to report changes when on pension credit is limited by Regulation 69(6) and (7) of the HB (60+) Regs SI

(6) A person on housing benefit who is also on state pension credit must report–
(a) changes to his tenancy, but not changes in the amount of rent payable to ahousing authority;
(b) changes affecting the residence or income of any non-dependant normallyresiding with the claimant or with whom the claimant normally resides;
(c) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.

(7) In addition to the changes required to be reported under paragraph (6) a person whose state pension credit comprises only a savings credit must also report–
(a) changes affecting a child living with him which may result in a change in the amount of housing benefit payable in his case, but not changes in the age of the child;
(b) 2
(c) any change in the amount of the claimant’s capital to be taken into account which does or may take the amount of his capital to more than £16,000;
(d) any change in the income or capital of–
(i) a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 24 (circumstances in which
income of a non-dependant is to be treated as claimant’s); or
(ii) a person to whom regulation 27(4)(e) refers,
and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant

The effective date of a change of circumstances when the claimant is on state pension credit is determined by Reg 60, in paricular Reg 60(2)(b) if pension credit increases and as a consequence HB is reduced. Reg 60(2)(b) provides

"Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in–

(b) a decrease in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which–
(i) the local authority receives notification from the Secretary of State of
the increase in the amount of state pension credit; or
(ii) state pension credit is increased,
whichever is the later.

Similarly if pension credit is reduced and as a consequence HB is reduced Reg 60(3) provides:

"(a) in a case where the claimant’s state pension credit is reduced because the claimant failed to notify the Secretary of State timeously of the change of circumstances, the change shall take effect from the first day of the benefit
week from which state pension credit was reduced; or
(b) in any other case the change shall take effect from the first day of the benefit week next following the date on which–
(i) the local authority receives notification from the Secretary of State of
the reduction in the amount of state pension credit; or
(ii) state pension credit is reduced,
whichever is the later."

I cannot see any reason why the claimant in the present case should have been overpaid, let alone be the person from whom overpayments are recoverable