DHP OVERPAYMENTS

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    clamar
    Participant

    There’s quite an argument going on here about recoverability of overpaid DHPs where there’s been a delay in actioning a notified change of circumstances. For example, a claimant getting HB and DHP for the last few months informs us this week that he’s starting work next week and he tells us how much he’ll be earning. His HB entitlement is recalculated some weeks later and it’s decided that his income is too high to entitle him to HB from the point that he started work. In the meantime, payments of HB and DHP are issued. I’m arguing in the face of extreme opposition that the overpaid DHP is not recoverable under DFA reg 8 since the claimant hasn’t failed to disclose and there was no error when the application for payment was determined (i.e. before he knew he was starting work). Am I wrong?. Does anyone know of any JR judgements that help one way or the other? Thanks in advance.

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