Overpayments where the claim alters from LHA to pre LHA

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  • #34079

    I apologise if this has already have been discussed.

    Where there is a gap in the claim of more than one week the new claim is dealt with under the LHA rules. I think I am right in saying that if that ‘new’ claim is later backdated so that there is no longer a gap, the claim reverts to a pre LHA claim.

    What would we do if there is an overpayment becuase the LHA award was higher than the pre LHA award? How would we categorise that overpayment and what do others think about the recovery options.

    Thanks for your help.


    You would class the overpayment as ‘other’ and claim 40% subsidy. The overpayment is recoverable.


    What? Give the £15 excess in one hand and take it away with the other? Mean or what? LOL

    I agree with Simon.

    If there are non-deps in the house that mean the claimant is entitled to more bedrooms than they actually occupy and the claimant then reverts to the current RO rules – the overpayment could be significant.


    I have raised this alteady and have suggested to my LA and any other LA that listens that this needs to be raised as a matter of urgency with your Local Authority Association representatives.

    Previous schemes (including the reference rent scheme when benefit periods were abolished) had transitional protecions to ensure that a scheme designed to help the poorest people in society did not unfairly penalise claimants (or even the Local Authorities)

    The topic below has the DWP reply.


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