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HB reinstated when UC HRT failed; which benefit will be overpaid if UC MR successful? 

Jo_Smith
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Citizens Advice Hillingdon

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Joined: 3 October 2018

I have a client for whom I managed to reinstate HB (based on help from this thread: https://www.rightsnet.org.uk/forums/viewthread/14057/#67896)

Client received large backdate of HB.

In the meantime we have submitted MR in relation to client’s HRT decision.

There’s an overlap of period covered by HB and UC.

What is the likely scenario if UC MR is successful? Would this be HB overpayment? Would HB be treated as income for UC purposes? Would UC be overpaid, because they cannot award just particular bits of the payment but will backdate whole entitlement?

Maybe this was discussed already? Tried to look through the discussion so far but couldn’t find relevant posts.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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I can see what you are thinking - HB overpaid in error, non-recoverable, nice little windfall.  Don’t get too excited: I think the case will simply revert to UC with an overlapping HB payment which will be clawed back £1-for-£1 out of the UC arrears.

Jo_Smith
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Citizens Advice Hillingdon

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HB Anorak - 08 August 2019 01:21 PM

I can see what you are thinking - HB overpaid in error, non-recoverable, nice little windfall.  Don’t get too excited:

Pfft! I wasn’t! Honest, gov!
But seriously, I knew there would be some claw back but didn’t know from where.
(edited for typos)