Reply To: overpayment – LA failed to act v claimant contributing.

Andy Thurman

The regs are stacked in the LA’s favour so, despite significant administrative failings, I tend to agree with the claimant error being correct. (If dependant daughter has gone to a hostel, it suggests there may be issues with your claimant – possibly the sort of issue that could lead to a non-recoverable decision if it was official error but irrelevant on basis of facts as stated.)

Couple of things I’d be looking at:
1. When daughter claimed, did she mention previous address? Could someone at LA have led her to believe mum’s claim would be sorted too? Are you certain no contact was made?

2. Is there really a large overpayment? Has UE been considered? (i.e. did tax credits stop?) I guess if PT/LHA that will make a difference on HB side.