Reply To: offsetting HB o/p between clmt and partner claims

#163577
Junep
Participant

Im sorry if my post was confusing

the pensioner couple split and 'Mr' being the claimant vacated to another property with a new partner. He did not claim at the new address and he was also late in notifying the change of circumstances. The change occurred October 2017 but he did not advise LA until January 2018.

His ex-partner remained in the property they had shared and because she is of pension age we have agreed to make her claim continuous as she falls within the 'three-month' period prior to claiming; as she had made a claim in January 2018..

'Mr' did not want to claim for the October17 – January18 period with his new partner, as they have now separated and he is unable to provide the information and evidence required because his new partner was working age.

I did not think that we could offset the ex-partner's award of HB against 'Mr's' HB overpayment because the partner did not contribute to the cause of the overpayment. It was 'Mr' that vacated and failed in his capacity as the claimant to notify a relevant change of circumstances

Having read HBR60+ 85, I do not believe I can use the ex-partner's entitlement to HB to offset against 'Mr's' overpayment of HB.

Kind regards

June