Reply To: Underlying Entitlement


I am not so sure about that. The fact the claimant has provided the additional information more than a month after notification may not be relevant in this case.

The reason why I say that is that at the time you calculated the overpayment, and the supposed underlying entitlement, you may have assumed that you already knew about all the changes that had occurred during the overpayment period. If you then sent notification of the net overpayment and gave appeal rights, but did not ask if there were any additional changes that may result in a reduction of the overpayment, it could be argued that you have not fully complied with Reg 104 of the HBR 2006.

This is an argument that an assessor put forward when we first started doing underlying entitlement on a routine basis – if someone writes in and says “my wages went up, here’s the payslips”, and you then calculate the new entitlement and net overpayment all at the same time, how can you be sure you’ve got the right underlying entitlement when you haven’t asked if any else changed? I had to agree he had a point.

Incidentally, if you do agree to recalculate the overpayment, the account will not go into credit – you will just have some excess underlying entitlement which, as it is not “real benefit”, cannot be paid to the claimant or used to credit a rent or CTax account.