Change of circs….

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    This is a bit odd .. I have an appeal against an overpayment that was created following notification that a non dep had vacated over a year ago. Whilst there was no non dep deduction it affected the rent officer decision. The claimant is arguing that we were notified because the non dep made a claim at her new address and confirmed her previous address was my claimants. In addition he telephoned to advise that his daughter had vacated (albeit a few months after she moved out) and was told to confirm this in writing – which he didnt. we dont accept claims over the telephone but will normally at least make a note of changes of circs reported over the phone and will request written confirmation of the change also.

    The claimant is a pensioner and has mental health issues.

    my argument is that he has failed in his duty to notify a change of circs and therefore the o/p is claimant error. I was just wondering if anyone has tried this argument before Tribunal and what kind of response they got?!



    I think its official error from the date of the phone call at least. If someone called to say they’d won the lottery or were moving out would you continue to pay them until notified in writing? It just doesn’t seem right.

    As for the earlier period, it could really go either way. It might depend on what procedures you have for cross-checking previous claims and addresses. For example, if it is standard procedure to always search previous addresses, and the assessor who dealt with the non-dep’s claim did not do this for whatever reason, that would probably be an official error.

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