Housing Benefit overpayment

Hi guys,

My client was in receipt of Housing Benefit. His brother moved into the one-bedroom flat temporarily at the start of lockdown but then refused to leave and refused to contribute. The brother has addiction issues so clt never intended it to be a permanent arrangement. In the end, clt himself moved out of the flat and is now NFA.

Clt was speaking with the housing team at the council to try and get his brother to leave.

Clt has been issued with an overpayment for non-dependent deductions as the benefits team at the council are saying they were not made aware the brother was living there.

Are there any grounds for appealing the overpayment?

Was there any feel/sense of a fear of violence here? If that is the case, any chance of factualising or evidencing it?

Not sure of the facts of the case obviously but the 52 weeks timing and period will matter, IF, the above can be realised. I think the brother may be said not to be a non-dep (Can’t remember the citation but there is case law on the issue) in this particular set of circumstances and if the time period and circumstances apply (The 52 week timeline and if the tenancy is actually still open or could be regained) the claimant may yet be able to show no overpayment and get back in the property.

A lot of facts/evidence required though but if they fit, very worth looking at.