Client is challenging recovery of an overpayment.

She'd told local Housing office that her partner had started work so assumed she'd discharged her duty because she'd informed "the council" about it.

Somewhere sometime I've read something similar about disclosure to the housing office but can't find it now

Anyone throw any light on this please ?

There appear to be three possibilities here:

1) your client didn't notify the LA of the change; or

2) she did and the HO failed to forward on the info AND that was failure was an error; or

3) as ", but the functions of the HO are/were such that its not closely related to the Benefits sections and, therefore, there was no error.


There are two CDs where "designated office" was at issue - R(H) 10/08 and CH/2567/2007. Prima facie, both support your case.

However, on the assumption that "2" applies, your client will still have to jump the "...could reasonably have been expected to realise..." hurdle. In my experience, the majority of Tribunals will find against a claimant - especially where the issue is one such as starting work.

After they told HO they started to pay full rent. Little did they know at the time these payments were being used by HO to reduce a past HB overpayment and past rent arrears so I don't think they would have realised

presumably they can prove they started to pay full rent?

and why did they not know about the past HB overpayment and past rent arrears?

Yes they've got receipts.

They did know about the o/p and arrears it but didn't know the amount the amount they wre paying for full rent would be applied to these accounts.

Not certain thet R(H) 10/08 is necesarily helpful.
From para 29..


“Relevant authority” in the context of regulation 81(3), properly construed as explained above, does not have the effect suggested by the respondent of changing the obligation on claimants to report change of circumstances only to the office designated by the authority for receiving claims for HB. That obligation remains and it would be a breach of that obligation to report changes of circumstances to a department of the authority which was not the designated office.

From your details you are based in Wigan. Is your customer from Wigan ?

According to Wigans claim form, claims for benefit can be submitted at:

Wigan and Leigh Housing
· Arena Housing
· Adactus Housing
· Family Housing Association Manchester Ltd
· English Churches Housing
· A library

and a consent form must be completed to allow that to happen. They are all therefore designated offices. If she reported to any of these then I can't see how Wigan can say that it wasn't reported to them.

Bit of detective work there Julian !

It wasn't the claim we're disputing - it was that they say they reported the coc (starting work) to WALH. Their usual policy is to put their tenants on the phone to benefits section when they come in to tell them about a coc but benefits say they never received a call.

"benefits say they never received a call. "

surely that wouldn't matter?

if the office to which they reported the change is a designated office, and they reported it there, then i'm with Julian.
the more so if that was ALSO the office with which they'd dealt in relation to their HB claims generally over the years....

Yes, it's what we'll rely on even though there's no proof it was reported to the HO. It'll all depend on client's credibility especially if as Claire says they utilize this office most of the time - the past overpayment might put the mockers on this though - we'll have to see what happens.

Cheers for all your help.