DLA and the advantage / dis-advantage rule

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  • #123782

    Relevant benefits and uprating : [Sigh] I hope my question makes sense, if not I give up…..

    Right, to keep this as simple as possible, are all upratings of relevant benefits open to a revision or a superceding decision at anytime?


    I mean during the life of a claim, OR, if no more entitlement, open to a new decision at any time?

    John Smith

    I have confused myself, and know that I am overlooking something obvious, but:

    Following a joint LA / DWP fraud investiation, DWP cancel back a Widows Pension some years creating an overpayment of DWP benefits of £20 000. If the LA removes this income back (in line with the DWP cancellation), this will create an HB underpayment of £10 000. Should the LA remove the DWP benefit back for the same period that the DWP removed it, or simply from the date of the new DWP decision? If the LA should create the HB underpayment, is there any way of setting it off against the DWP overpayment?


    There is no way of setting off an HB"underpayment" against a DWP "overpayment"

    I think you should do nothing, for the simple reason that she had the income at the time, and any overpayment is a matter for the DWP

    John Smith

    Thanks d. John

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