HB O/P following successful ESA appeal

Summary of decision now in caselaw - http://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-overpayment-of-housing-benefit-arising-as-a-result-of-a-successful-

Just been through the whole tortuous trail of legislation - from para 27 of HB Schedule 3, to HB Reg 2, to Reg 2 of SI 2010/1907 and finally to Reg 5 of that Regulation

It does seem that the HB TA can only be awarded where the ESA TA was applied to ESA(c) with effect from the date of conversion.  In the eyes of the HB Regs, what has happened to the OP’s client is that s/he has been awarded a contribution based benefit at a rate above the regular HB applicable amount a a result of a change of circumstance that occurred while s/he as on ESA(ir).  The fact that s/he had to appeal in order to get this puts him/her in exactly the same position as anyone else who is awarded arrears of a DWP benefit on appeal that increases his/her income for HB purposes.

There is a good chance the overpayment is not recoverable in view of the latest UT decision, but there is no HB TA going forward.