HB and arrears of ESA [C}

with all the successful appeals against ESA decisions is it the case that where HB has been incresed to reflect the reduced ESA pending appeal, that HB will claw back overpaid benefit following the payment of ESA arrears ?

First, arrears of ESA(c) do count as income so it is possible for an HB o/p to arise in this way.  The most obvious case I can think of is one where the claimant has a partner who is also on main phase ESA(c) - so the successful appeal is bound to generate some excess income over the HB applicable amount.

I offer you two contrasting UT/Commissioners’ decisions: take your pick.

First CH/38/2008 says it is a question of fact in each case whether the initial refusal of ESA was an official error.  If the claimant ambushed DWP by presenting a stack of fresh evidence to the Tribunal (as DWP thinks you reps are always doing) that does not imply anything was wroing with the original decisioon based on what the DM saw.  But if the original decision was clearky wrong from the facts known to the DM, that would be an official error which in turn caused the HB overpayment.

Then there is CH/943/2003 which says that as a matter of law a successful appeal means the original decision was an error irrespective of the reasons why the decision ended up being overturned.  That would be the one to quote to the LA in a case like this.

many thanks, my cl was on ESA [c] for one year then 2 weeks after going onto ESa he won his appeal, so at present he gets HB based on ESA and got full HB while on reduced ESA, its the one year arrears that I suspect will mean a big HB bill to come !!!