Seen cli today - she has a current HB o/p dated back to 200/2001.

She states that her sister (& niece) moved in with her for a period of 2 weeks with her - but after 2 weeks the sister left and went off with a boyfriend leaving her duaghter behind and who my cli then raised.

The o/p apparently resulted from HB beleiving her sister lived with her for 12 months - which did not happen.

The cli told me that she only recently found out about this o/p - but I think she may have been written to about it around December 08..??

If it was a recent o/p I would contact HB witht he relevant information - but - is it to late to do anything about this..?

They are currently deducting £9.75 pw from current entitlement.

Thanks.

Write and ask the LA for a statement of reasons for the overpayments (there is no time limit for this) then appeal withinin 2 weeks of receiving it.

It is a current loophole in the law which the DWP intend to close but are being very slow about doing it.

Thanks for that - will do - ta... xxx

This came up in another posting "statement of reasons loophole - 12 year old case" might have been in the decisions and appeals bit of the forum can't remember when for some reason my tiny little mind is thinking Nov 2008 or Jan or even March 2009. Definitely sure Kevin D quoted relevant legislation which you would find would be invaluable to use in any sub.

Yup. Rule 23(5) in conjunction with Schedule 1 of The Tribunal Procedures (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008. (see SI 2008/2685)

The recent amendments do not affect the SoR 14-day "loophole".