Overpayment recovery following a discreationary housing payment

Housing benefit said they had overpaid approx £425 in 2009, because after paying a discretionary payment, the claimant’s benefit was increased for the same period and she became entitled to backdated full HB. The landlord refunded the £425 to HB. However, although HB did pay the DHP, they did not actually pay the backdated £425. This was because there was an old overpayment from 2005 which was used to offset against the £425 due. The tenant, who is unwell, has since been rehoused but is upset that there are arrears at the old address.

I am trying to find out details of the 2005 overpayment but I can’t see how HB can recover the 2009 overpayment when they haven’t actually paid it - or does this not really make any difference?

Overpayments of DHP can only be recovered at all if either;

A)  The claimant misrepresented or failed to disclose a material fact.
or
B)  An error was made in determining the application for a DHP.

Reg 8(2) DFA Regs 2001.

If neither of the above occured then the LA has no power to recover any overpayment of DHP no matter what year it occured in.

Thank you for your reply. Could housing benefit claim they were recovering housing benefit and not the discretionary housing payment - ie they had already paid the DHP and then they assessed to pay housing benefit for the same period amount?

They can’t use a DHP to recover an overpayment of Housing Benefit nor use Housing Benefit to recover an overpayment of DHP, they are two totally separate things.

DHP can only be recovered through the “normal” debt recovery action, the arrangements for Housing Benefit overpayments do not apply to DHPs.