Reply To: Overpayment and backdating

Julian Hobson

This is interesting !

I presume Mrs was claimant and tenant and that Mr was neither ?

If he wasn’t the tenant then he can’t have HB from nov05 unless you treat him as liable under reg 8 1(c) and he can’t be liable to make payments for the period in Question becvause liability was extinguished by her HB.

If he has always been a or the tenant I think the same principle could apply. In terms of reg 8 1(a) there is no liability to make any payment between nov05 and june as it is extinguished by her HB.

When she comes back and you get the money back from her there will be a gap in HB but there should be.

I don’t think his HB should be backdated at all, he has no liability for the period in question.