Overpayment of CTB but recoverable from whom?

Hello,

I think I know the answer to this but many hundreds of heads are better than one.

My client was remanded in custody awaiting sentence.  While of remand he was properly awarded Housing & Council Tax benefit.  Eventually he was give 18 months custodial sentence imprisoning him until late 2012.  It now transpires that the local council seek recovery from him of the council tax benefit “paid in advance”.

Having checked the overpayment regs, it seems to say to me that the amount paid in advance is indeed recoverable.  However, the benefit was paid by the council to the council, albeit in my client’s name.  Once he was sentenced he was no longer liable to pay council tax so erm…. You see what I’m saying don’t you?  Am I right in thinking that the benefit paid in advance to the council by the council should be recovered from the council and my client will not owe anything for the remainder of the council tax year as he has no liability?

Have I got this wrong?  Please let me know if I have.

thank you all again.

Patrick.

Thank you so much.  You put it far more succinctly than me.

Patrick.