Terms & Conditions

[joannab]

Scenario as follows:

Pensioner in receipt of Housing Benefit based on State retirement pension, works pension, DLACH/DLAM and IIDB at £50.40 per week.

In April 2017 the claimant advises that his entitlement to IIDB has increased to £118.79 per week and submits a decision letter to support this. The increased income means that he is not longer entitled to Housing benefit.

Claimant subsequently appeals the decision and further information is sought from the DWP in relation to the increase in IIDB. It transpires that the increase was actually effective from 28 August 2015 following the outcome of an appeal heard on 8 July 2016. Housing Benefit entitlement was revised creating an overpayment. The claimant has now submitted an appeal against the overpayment stating that he could not inform us of something he was not aware of, despite failing to tell us in July 2016.

I am of the opinion that arrears of benefit count as income for the period that they cover (Reg 33 part 6) and cannot find any exceptions in relation to IIDB.

All thoughts gratefully received

[pbirks]

i'm pretty sure this has been raised before(as apparently it was quite common that customers were adivses IIDB was disregarded as income…)  but think you are correct

No, he couldnt tell us what he didnt know – but once he did, the extra income is taken into account for the period it covers.

clearly recoverabe as he knewabout the change  in July 2016 and didnt mention it.

[joannab]

Thnaks for the response. However, as I understand arrears of benefit count as income for the period they cover, therefore the whole overpayment is recoverable. August 2015 to August 2017.

There was no official error and the arrears payment did not exceed £5000.

I hope Im not missing anything?!

[pbirks]

. some arrears of benefits are disregarded if they are due to a dwp error – but I cant remeber what the scenarios are – sorry!

[esmith66]

I'm pretty sure that it's only arrears of disregarded benefits, eg. DLA, that are disregarded as capital so I think you're correct joannab

 

[joannab]

Sorry to bump this up again. Can anyone point me to caselaw in relation to my scenario.

Thanks in advance.

 

[jamcon]

DWP error and non-recoverable for the period before the Tribunal. Claimant error and recoverable after the Tribunal. Have a look at CH 943 2003.

[joannab]

Thanks for the response. However Im not sure that I agree.

The arrears of IIDB are treated as income for the period they cover and a new decision on IIDB entitlement does not necessarly mean the previous decision was DWP error as new medical evidence was submitted.

Will take a look at CH 943 2003.

 

Cheers

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