Overpayment raised after Claimants death

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    Jo Gregory

    The claimant has passed away. We have now discovered that for the life of his HB claim he owned a house which a disabled family member (working age) lived in.

    Can we raise the overpayment from the begining of his claim and recover from his estate? His estate has not yet been finalised!

    We are unsure as to whether we can raise an overpayment after he has died đŸ˜¥
    Please help


    I don’t see why not, if there is an overpayment, in fact I’d go further and say you have to revise your decision due to new evidence.

    You may then decide to recover the overpayment or not – but no choice as to whether you work it out 8)


    Where’s the overpayment?


    If occupied by a disabled relative (not close relative) then you could disregard property value in any case. Does relative satisfy the conditions for a DP?

    As Andy says “where’s the overpayment?”

    Do I know what I'm doing? The jury's out on that........................


    [quote:186ea8e7b0]The Housing Benefit Regulations 2006


    Capital to be disregarded

    4. Any premises occupied in whole or in part—

    (a) by a partner or relative of a single claimant or any member of the family as his home where that person is either aged 60 or over or incapacitated[/quote:186ea8e7b0]

    Or is there some reason why the disabled relative does not ‘qualify’ as incapacitated?

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