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England

Write off of housing benefit overpayment

Expert Advice consultancy case study

Our expert advice helped Citizens Advice assist their client who had been overpaid housing benefit. Due to an underlying entitlement the debt was written off.

The problem

A Citizens Advice worker contacted the expert advice service about a housing benefit overpayment for temporary accommodation which had been occupied by a married couple and their six children. 

The claim was made in one spouse's name as housing benefit claims can only be made in one person’s name. They went abroad in November 2019 and due to various circumstances, were not able to return to the UK. Housing benefit continued to be paid until the local authority was informed that the client had been out of the country. 

The other spouse then made a claim for housing benefit and was accepted, but was notified there had been a housing benefit overpayment of approximately £40,000.

The advice

The NHAS adviser explained that although the overpayment decision was correct, Citizens Advice could argue that it should be reduced due to the client having an underlying entitlement to housing benefit for the same period.

The NHAS adviser asked when the client was informed of the overpayment, if they were invited to provide information to show there was an underlying entitlement, and if they were still within the deadline to provide this information. If the client was outside of these parameters they would need to ask for a reconsideration of the decision. 

The outcome

The Citizens Advice worker used the underlying entitlement advice provided and the overpayment was reduced to £0.

Our free Expert Advice Service gives specialist advice on housing, housing debt, and welfare benefit issues. 

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