stainsby
Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since 22nd Jan 2004
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RE: housing benefit and overpayment in wages
Fri 06-Feb-09 05:05 PM |
Neither income nor capital is defined in the legislation, but I think that following the Leeves case (reported as R(IS)5/99), the wages incorrectly paid are considered to be income until the time that a demand for repayment is made.
If the demand was not issued until after the claim for HB was decided, then I am afraid Jeff is correct in saying that a new claim wil be needed along with the backdating request.
I dont think there should be much difficulty regarding backdating, but there will be no entitlemet to HB before the date of the demand for repayment.
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