Terms & Conditions

[Jo Gregory]

We have a case where the weekly amount calculated under underlying entitlement is more than the weekly original entitlement. As the claimant late notified a CIC the overpayment can be off-set and the remaining UNENT cannot be paid to the customer.
I am writing to the customer about this and I am unsure what Regulations to quote him.
D&A reg 8 covers the late notification, and HB Reg 104 covers UNENT. However, I cannot find the reg which does not allow us to pay the difference between original ent and UNENT.
Can anyone help 😳

[petedavies]

There is no Reg – all you are doing is reducing a debt. Once there is no debt there is nothing to reduce. UE is not an award in itself, merely an accounting exercise.

[junderwo]

It is still Reg. 104 which starts “in calculating the amount of a recoverable overpayment, the relevant authority shall deduct any amount of housing benefit which should have been determined to be payable in respect of the whole or part of the overpayment period…”

Underlying entitlement is only applicable when calculating the overpayment – it is not true Housing Benefit.

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