HB and CTR Appeal

Hi,

I’ve got a client who has a substantial overpayment which we are appealing. Its an ESA, HB and CTR overpayments relating to the dates her partner moved in and the non-disclosure of those dates (we are appealing the dates as these are inaccurate).

Client has put in an MR for the ESA overpayment around August 2023 (before we got involved) but hasn’t heard anything which we are chasing up.

The local authority has explained to her that they won’t change the decision of the HB and CTR until ESA change the dates which we are awaiting for their decision. This was explained verbally so I’m getting this in writing.

Can I put an appeal in for the HB and CTR anyway regardless of whether I have a decision from ESA or is it best to wait until ESA make a decision? I’m aware we may end up going over the time-limits if we wait too long.

Thanks

Adam

If the LA have made overpayment decisions already for HB and CTR, then yes your client is perfectly entitled to lodge appeals for both. Of course there are issues around the intersection with any ESA overpayment (because if the entitlement decision for ESA is changed in your client’s favour, then in theory they’re passported back to max HB/CTR) but that isn’t necessarily a reason to hold off lodging those appeals in the meantime.