HB overpayment- offsetting against other benefits

Happy New Year everyone,

I have been troubled by a housing benefit overpayment appeal for someone who had an unclaimed entitlement to both Income Support (weekly payment and housing costs) and Council Tax benefit during the period that the overpayment occured.  If these underpayments were offsest against the overpayment of Housing benefit then it would probably be wiped completely.  However I can’t find anything in the regs or caselaw which provides for this kind og offsetting for Housing Benefit.  Can anyone give me some pointers?

Thank you in advance

Sara

Thanks Tony, I was afraid this was the case.  The overpayment relates to an alleged failure to disclose that she owns her home.

~Yep

What grounds of appeal does the client think they have? Claiming Housing benefit on a home they own?

There are several aspects to this case, and I am trying to cover all bases.  I am a bit wary of giving too much detail on rightsnet as I know some of the tribunal members in this area view the site.

When I did my HB training, the trainer (now a respected UT judge) said “Welcome to Planet Housing Benefit - a place where people pay rent to live in their own houses”. I haven’t come across it till now.

Is ther any explanation - eg that she had let it out and was renting back from the tenant?