past year DHP adjustment

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  • #19582
    chrisb
    Participant

    A recently revised HB decision leads to an HB underpayment of about £1000 from June 05 – March 06, with a matching DHP overpayment.

    As we have already submitted claim for DHP expenditure for 05/06 (and we didn’t exceed govt contribution) do you have any idea where we would record the DHP OP assuming it is repaid? Would we have to offset it from the claim for DHP spend for 06/07?

    Alternatively (and with fingers crossed that something this simple might be correct), is it permissible to only adjust the case from April 06, as there isn’t any net effect to the claimant for the past-year period?

    #261
    jmembery
    Participant

    Are you certain you can raise an overpayment of DHP?

    1) Did the claimant misrepresent a material fact
    Or
    2) Was an error made when deciding the application for a payment?

    If not you cannot raise an overpayment of DHP.

    #262
    chrisb
    Participant

    DHP had been awarded to cover full difference between RO decision and rent charged.

    Claimant requested a RO redetermination, which was input very late, and increased HB entitlement for the period.

    This surely means there is a DHP OP, as the total of HB and DHP cannot total more than eligible rent charged?

    #263
    jmembery
    Participant

    I don’t think the regs allow it under those circumstances.
    Reg 8(2) of the DFA Regs 2001 are fairly clear.

    #264
    jmembery
    Participant

    Also, I don’t think it is correct to say that the total of the DHP and HB cannot be more than the total eligible rent. The DFA Regs only say that the total DHP awarded on its own can,t be more than the eligible rent.
    (See earlier discussion on this board in respect of Council Tax.)

    #265
    chrisb
    Participant

    I still wouldn’t want to pay someone twice for the same period when we have already (through the combination of HB and DHP) paid the full rent charged for the period.

    Anyway, we think we have know found a route which avoids having to adjust the HB award for the period in the first place.

    DMA 4(2) – authority “may” revise where original decision due to official error.

    I know that use of the “may” should only be considered in excpetional circumstances, but I think in the individual circs of this case, it is fully justified.

    So – no HB underpayment, no need to worry about a DHP overpayment. And happy customer as he is still getting a higher HB award following the end of his DHP.

    Thanks for your help.

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